South Carolina Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of South Carolina or Court of Appeals of South Carolina where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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MCGEE v. BRUCE HOSPITAL SYSTEM - 12/13/1993
This Court granted a writ of certiorari to consider the following question:
Are credentialing files, clinical privileges,
and the policies and procedures involved in
the evaluation of medical staff immune from
...
WILBANKS v. KENTUCKY FRIED CHICKEN - 12/13/1993
In this workers' compensation case, Kathy F. Wilbanks sought compensation benefits for an injury to her back allegedly sustained during the course of her employment at Kentucky Fried Chicken (KFC). The Workers' Compensation Commission...
SWANIGAN v. AMERICAN NATIONAL RED CROSS - 12/6/1993
Pursuant to Rule 228, SCACR, the following question has been certified to this court by the United States District Court for the District of South Carolina:
Is an action against a blood collection agency for
negligent...
LANGLEY v. PIERCE - 11/8/1993
Pursuant to Rule 228 SCACR, the following question has been certified from the United States Court of Appeals for the Fourth Circuit:
Was the Statute of Repose contained in S.C. Code
Ann. § 15-3-545 (Supp. 1992) tolled...
IN THE MATTER OF CAMPBELL - 11/8/1993
In this attorney grievance matter, respondent admits to numerous acts of misconduct and consents to disbarment pursuant to Paragraph 27 of the Rule on Disciplinary Procedure, Rule 413, SCACR. We accept respondent's admission and disbar...
AMERICAN SERVICE CORP. OF S.C. v. HICKLE - 9/20/1993
American Service Corporation of South Carolina (American)
appeals an Order holding that the Homestead Exemption Act, S.C.
Code Ann. § 15-41-30 (11) (B) (Supp. 1992) deprives
Respondent Bonnie Hickle (Hickle), as a non-resident...
PEAY v. U.S. SILICA COMPANY - 9/20/1993
Pursuant to Rule 228, SCACR, the following question has been certified to this Court by the United States District Court for the District of South Carolina:
When a statutory employee has drawn benefits
under the...
RIDEN v. KEMET ELECTRONICS CORP. - 9/20/1993
Earl Lee Riden and his wife, Faye Riden, brought this negligence action against Kemet Electronics Corporation and Insulation Services seeking damages for personal injuries and loss of consortium resulting from an explosion that...
JOHNSTON v. BOWEN - 8/23/1993
This is a medical malpractice action which was dismissed on a summary judgment motion of the defendant based on the health care provider statute of limitations. We affirm.
FACTS
Ms. Johnston injured her right knee on June 5,...
UNISUN INSURANCE CO. v. HERTZ RENTAL CORP. - 8/23/1993
This is a declaratory judgment action to determine insurance coverage. The Hertz Corporation, a corporation doing business in the State of New York, rented a car to Christopher Hodge, a resident of New York. The rental contract was...
GARNER - 8/23/1993
This appeal involves a wrongful death action and a survival action brought by the son of the decedent, Lucille Garner, as the administrator of her estate. The trial court dismissed this medical malpractice action on the grounds that it...
STATE FARM AUTO INS. v. RICHARDSON - 8/23/1993
This is a declaratory judgment action. State Farm Mutual Automobile Insurance Company (State Farm) contends that the trial judge erred in ruling that a clause in an automobile insurance policy which prevents a claimant from stacking ...
SMITH v. LIBERTY MUTUAL INS. CO. - 8/9/1993
Garfield Smith (Smith) as administrator of the estate of Dennis Smith (the deceased) sued Liberty Mutual Insurance Company (Liberty) to recover medical and funeral expenses. The decedent was struck by a car while riding his bicycle on...
MARSH v. MARSH - 8/9/1993
The issue presented in this domestic action is whether proceeds of a personal injury settlement acquired during the marriage are entirely marital property subject to the family court's jurisdiction. We hold under our equitable...
BRAYBOY v. MCLEAN - 3/15/1993
This is an appeal from a motion granting summary judgment based on the Statute of Limitations. Patty Ann Brayboy
(Brayboy), as personal representative of the Estate of her daughter, Tameka Brayboy (Tameka), filed
FACTS ...
JOHNSTON v. AIKEN AUTO PARTS - 3/15/1993
Harry M. Johnston brought this action against Aiken Auto Parts for injuries and property damage that he sustained in an accident with an Aiken Auto Parts employee. The jury awarded him $9,500 for property damage to his car and $12,500...
GREENVILLE CO. v. INSURANCE RESERVE FUND - 3/1/1993
Appellant The Insurance Reserve Fund (Fund) appeals from an order granting summary judgment in favor of the Respondent Greenville County (County) and ordering it to defend certain lawsuits brought against the County. We reverse and...
BENNETT v. WILBRO - 12/21/1992
After reviewing the Petition for Rehearing in this case, it is ordered that the opinion heretofore filed be withdrawn and the attached opinion be substituted. The Petition for Rehearing is denied.
And it is so ordered. ...
JOHNSON v. PHIFER - 11/9/1992
Heard Oct. 6, 1992.
Decided Nov. 9, 1992.
This case involves application of the statute of limitations for medical malpractice. The trial court granted judgment on the pleadings to the physician. The patient appeals. We...
C&S NAT'L. BANK v. CONST. ENTERPRISES - 11/9/1992
Heard Oct. 6, 1992.
Decided Nov. 9, 1992.
Reh. Den. Nov. 30, 1992.
This action arises out of multiparty litigation in which Construction Enterprises, Inc. of TN is a third-party plaintiff and Froehling &...
IN THE MATTER OF WALKER - 9/21/1992
Submitted Aug. 19, 1992.
Decided Sept. 21, 1992.
This is an attorney grievance matter. Respondent previously was indefinitely suspended from the practice of law for perpetrating a fraud on his client by forging the...
MORRIS v. JENSEN - 8/10/1992
Heard March 18, 1992; Decided Aug. 10, 1992.
Reh. Den. Sept. 17, 1992.
This is an action for wrongful death. Vernie Morris, as personal representative of the estate of Raquel Morris, filed suit against Irving Dana Jensen...
BYERLY v. CONNOR - 3/16/1992
Heard Feb. 4, 1992.
Decided Mar. 16, 1992.
This is a wrongful death action. The dispositive issue is whether respondent South Carolina Public Service Authority, by and through its wholly owned state utility, Santee Cooper...
SOLOMON v. W.B. EASTON - 3/16/1992
Heard Feb. 19, 1992.
Decided March 16, 1992.
This is a workers' compensation case. The single commissioner found Solomon suffered a compensable injury to his back and a hernia. The commissioner found the hernia had been...
DUNN v. CHARLESTON COCA-COLA BOTTLING CO. - 3/9/1992
Reh. Den. Mar. 25, 1992.
Respondent, Albert B. Dunn, instituted this products liability action against appellants, Charleston Coca-Cola Bottling Company and Sunbelt Coca-Cola Bottling Company, Inc., hereinafter Coke,...
LUCAS v. SARA LEE CORPORATION - 3/9/1992
Heard Jan. 22, 1992.
Decided Mar. 9, 1992.
This is a negligence case arising out of an automobile accident. Charletta Lucas was driving her vehicle in March of 1988 when she was struck from the rear by a vehicle driven by...
BUILDERS TRANSPORT v. S.C. PROPERTY & CASUALTY - 3/2/1992
Heard Jan. 21, 1992.
Decided March 2, 1992.
This is an action to determine whether the South Carolina Property and Casualty Insurance Guaranty Association (SCIGA) is obligated to pay additional sums to Builders Transport,...
CORBETT v. S.C. DEPT. OF YOUTH SERVICES - 2/24/1992
Heard Jan. 21, 1992.
Decided Feb. 24, 1992.
The sole issue we address in this appeal is whether damage or destruction to a prosthesis which is a substitute for a natural body part and attached to the body at the time of the...
ANDERS v. S.C. FARM BUREAU - 2/24/1992
Heard Jan. 20, 1992.
Decided Feb. 24, 1992.
Plaintiffs-Respondents, James Anders and Barbara Anders, bring this declaratory judgment action against Defendant-Appellant, South Carolina Farm Bureau Mutual Insurance Company,...
STRANGE v. S.C. DEPT. OF HWYS. & PUB. TRANSP. - 2/10/1992
Heard Dec. 6, 1991.
Decided Feb. 10, 1992.
Appellant South Carolina Department of Highways and Public Transportation contends the trial judge committed a variety of errors when he presided over the trial of this personal...
IN THE MATTER OF SMITH - 12/16/1991
Submitted October 15, 1991.
Decided December 16, 1991.
In this attorney grievance matter, respondent has conditionally admitted the allegations against him and consents to disbarment. We accept the admission and disbar...
COVINGTON v. COVINGTON - 12/9/1991
Heard November 5, 1991.
Decided December 9, 1991.
Sharon G. Covington (the wife) instituted this post-divorce petition against James M. Covington (the husband). The case is very interesting because it involves, inter alia,...
DOCKINS v. INGLES MARKETS - 12/9/1991
Heard Nov. 1, 1991; Decided Dec. 9, 1991.
Reh. Den. Jan. 7, 1992.
The sole issue presented in this case is whether an employee's claim of slander is barred by the exclusive remedy provisions of the South Carolina Workers'...
MCPHERSON v. MICHIGAN MUTUAL INS. CO. - 12/2/1991
Heard April 16, 1991; Decided December 2, 1991.
Rehearing Denied January 15, 1992.
This is an action to recover money alleged to be due under a contract of liability insurance. Jonathan McPherson (by his guardian ad litem...
SNAVELY v. PERPETUAL FEDERAL SAVINGS BANK - 12/2/1991
Heard October 8, 1991.
Decided December 2, 1991.
Letitia and Wiley Snavely (the Snavelys) appeal an Order of summary judgment holding their actions against Respondent, Fant and Fant Architects (Fant and Fant), barred by the...
SNOW v. CITY OF COLUMBIA - 9/23/1991
Heard Feb. 18, 1991; Decided Sept. 23, 1991.
Rehearing Denied Oct. 31, 1991.
This is an action in tort for damage to real property. Donald and Judith Snow sued The City of Columbia for damage to their residence caused by...
CROCKER v. BARR - 9/9/1991
Heard June 12, 1991; Decided Sept. 9, 1991.
Rehearing Denied Oct. 18, 1991.
This personal injury action arises on a writ of certiorari to review the Court of Appeals' reversal of a jury verdict for the plaintiff. We...
LANCASTER v. FIELDER - 9/9/1991
Heard May 7, 1991.
Decided Sept. 9, 1991.
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
We granted petitioner's petition for writ of certiorari to review the Court of Appeals' decision in this wrongful death action....
ROTHROCK v. COPELAND - 9/9/1991
Heard June 12, 1991.
Decided Sept. 9, 1991.
We granted petitioner Timothy L. Copeland's petition for writ of certiorari to review the Court of Appeal's decision in this wrongful death action. The trial judge granted summary...
MOORE v. JENKINS - 5/28/1991
Heard March 18, 1991.
Decided May 28, 1991.
In this
FACTS
Fannie Lou Moore died as the result of injuries sustained in an automobile accident. William Moore filed suit on behalf of her estate against several...
BAUGHMAN v. AMERICAN TEL. & TEL. CO. - 5/13/1991
Rehearing Denied Dec. 6, 1991.
These actions were originally commenced by 271 plaintiffs claiming
We affirm in part, reverse in part, and remand for further proceedings.
FACTUAL BACKGROUND
The actions were...
VEREEN v. LIBERTY LIFE INSURANCE CO. - 5/13/1991
Decided May 13, 1991.
These statutory
Viewed in the light most favorable to Liberty Life, the facts are as follows. Martin had been an insurance agent for
Deliberately disregarding his instructions, Martin went to...
BALDWIN v. JAMES RIVER CORP. - 5/6/1991
Heard April 15, 1991.
Decided May 6, 1991.
In this workers' compensation case brought by Thomas E. Baldwin, Jr., James River Corporation and Aetna Casualty and Surety Company appeal the order of the circuit court that...
JENSEN v. ANDERSON COUNTY DSS - 3/4/1991
Decided March 4, 1991; Rehearing Denied April 10, 1991.
This is a The sole issue on appeal is whether such alleged negligence may give rise to a private cause of action under the Child Protection Act, S.C. Code Ann. §...
IN THE MATTER OF SHELLEY - 3/4/1991
Heard Dec. 12, 1990; Decided March 4, 1991.
Rehearing Denied Aug. 16, 1991.
This is an attorney disciplinary matter. The hearing panel and the Executive Committee found respondent neglected a legal matter entrusted to him,...
PRIOR v. S.C. MEDICAL MALPRACTICE LIAB. INS. - 2/25/1991
Heard Jan. 21, 1991.
Decided Feb. 25, 1991.
William F. Prior (Prior), a medical doctor, brings this action for declaratory judgment against his professional liability insurance carrier, South Carolina Medical Malpractice...
MCSWAIN v. SHEI - 2/25/1991
Heard April 4, 1990.
Decided Feb. 25, 1991.
The dispositive issue in this case is whether an employee may maintain a common law action for intentional infliction of emotional distress against her employer. We conclude that...
SHIELDS v. MARTIN MARIETTA CORP. - 2/4/1991
Submitted Dec. 14, 1990.
Decided Feb. 4, 1991.
Martin Marietta Corporation (Martin Marietta) and the City of Cayce (City) appeal an Order restoring Respondents' (The Shields) wrongful death and survival actions to the...
JEFFERSON v. SYNERGY GAS - 2/4/1991
Heard Dec. 10, 1990.
Decided Feb. 4, 1991.
Appellant, Junior Jefferson, as Administrator of the Estate of Deborah Nell Jefferson, brought a
Decedent, Deborah Nell Jefferson, was killed in an automobile accident on May...
PIRKLE v. PIRKLE - 12/19/1990
Heard Nov. 12, 1990.
Decided Dec. 19, 1990.
This is an appeal from an order holding Larry B. Pirkle in contempt of court for willful failure to comply with a family court order. Mr. Pirkle appeals. We affirm in part,...
PRIEST v. BROWN - 8/27/1990
Decided Aug. 27, 1990.
Appellant, Ann Priest, as Administratrix of the Estate of Gary Blackwood, brought suit against respondent, Berkeley Electric Cooperative, Inc. (BEC) alleging causes of action in negligence, breach of...
SMITH v. RIDGEWAY CHEMICALS - 8/27/1990
Heard June 4, 1990.
Decided Aug. 27, 1990.
Plaintiff Bobbie Smith brought a cause of action in negligence, breach of warranty and strict liability against Defendant Ridgeway Chemicals, Inc., and in the same Complaint...
MADISON v. BRANTLEY - 8/6/1990
Heard June 4, 1990.
Decided Aug. 6, 1990.
Respondent, Sylvester Madison, as administrator of the estate of his wife, Frances Alexander Madison, instituted this action against appellant, Montague D. Brantley, M.D., for...
SCOTT v. FRUEHAUF CORPORATION - 8/6/1990
Decided Aug 6, 1990.
This is a products liability case. The jury awarded respondent Scott $1,125,000 actual damages against appellant-respondent (Fruehauf) and respondent-appellant (Piedmont), and an additional $1,125,000...
BRAMLETTE v. CHARTER-MEDICAL-COLUMBIA - 6/18/1990
Heard April 17, 1990.
Decided June 18, 1990.
This is a medical malpractice action. We affirm in part and reverse in part.
Respondent's decedent, Joe Bramlette, was voluntarily admitted to appellant Charter Rivers...
BAKER v. SANDERS - 3/12/1990
Heard Jan. 10, 1990.
Decided March 12, 1990.
This case involves the issue of whether the South Carolina Tort Claims Act precludes a survival action against the State for a death which resulted from its alleged negligent...
GOSNELL v. DORCHESTER SCHOOL DISTRICT NO. 2 - 3/12/1990
Heard Jan. 10, 1990.
Decided March 12, 1990.
This appeal is from an order granting summary judgment. We reverse.
Appellant's wife was severely injured when the car she was driving collided with a school bus. Appellant...
WILLIAMS v. ROBERTSON GILCHRIST CONST. CO. - 3/12/1990
Heard Jan. 23, 1990.
Decided March 12, 1990.
This is a wrongful death case in which the jury returned a We affirm.
ISSUE
The sole issue of merit is whether a trial judge, in granting a motion for a new trial...
SELF v. GOODRICH - 12/18/1989
Heard Nov. 14, 1989.
Decided Dec. 18, 1989.
This is a medical negligence case arising from the death of an infant. The trial court directed a verdict for the respondents at the conclusion of the evidence. The court held the...
SCOTT v. NOVICH - 12/18/1989
Heard Nov. 13, 1989.
Decided Dec. 18, 1989.
Appellant, Peter A. Scott, sued respondent, Jim Novich, doing business as The Hollow, for damages under the theory of assault and battery. The jury returned a verdict for Novich...
JACKSON v. S.C. DEPART. OF CORRECTIONS - 12/11/1989
Heard Nov. 15, 1989.
Decided Dec. 11, 1989.
This is an action for The administrator of the estate of Stroman W. Jackson brought suit against the South Carolina Department of Corrections after Jackson, an inmate, was...
ROWE v. CITY OF COLUMBIA - 12/4/1989
Heard Oct. 19, 1989.
Decided Dec. 4, 1989.
The sole issue on appeal is whether the trial court erroneously relied on a declaratory judgment in granting summary judgment for the City, when Rowe was not a party to the...
SNAKENBERG v. THE HARTFORD - 6/26/1989
Decided June 26, 1989.
"You smile and mock me, as if I meant naughtily."
This appeal raises an important question about the scope of the common law action for invasion of privacy. It arises in the form of a...
S.C. FARM BUREAU INS. CO. v. MUMFORD - 6/26/1989
Heard Jan. 24, 1989.
Decided June 26, 1989.
This is an action for a declaratory judgment. It arises out of an automobile collision involving Dorothy Mumford and Joseph Bill McLamb, Jr. The South Carolina Farm Bureau Mutual...
HOFFMAN v. POWELL - 6/5/1989
Heard April 4, 1989.
Decided June 5, 1989.
The Circuit Court held that these medical malpractice actions are barred by the six-year "repose" provision of S.C. Code Ann. § 15-3-545 (Supp. 1988). Appellants challenge the...
SANTEE PORTLAND CEMENT v. DANIEL INT. CORP. - 6/5/1989
Heard Oct. 3, 1988.
Decided June 5, 1989.
This appeal involves the application of the "discovery rule" to contract actions. We affirm in part, reverse in part, and remand.
I. FACTS
On May 18, 1965, Santee...
FERGUSON v. R.F. MOORE CONSTR. CO. - 6/5/1989
Heard April 18, 1989.
Decided June 5, 1989.
This is a workers' compensation case in which the single Commissioner awarded the claimant, Robert L. Ferguson, temporary disability and continuing medical care; the single...
INMAN v. THOMPSON - 12/15/1988
Heard Oct. 19, 1988.
Decided Dec. 15, 1988.
Respondents, as administrators of the Estate of Michael Edward Inman, sued Appellant-Bonnie Gillian Thompson for the wrongful death of their son, Michael Edward Inman. The jury...
STATE FARM v. RAMSEY - 12/12/1988
Submitted Nov. 14, 1988.
Decided Dec. 12, 1988.
Petitioner seeks a writ of certiorari to review the decision of the Court of Appeals in State Farm Mutual Auto. Ins. Company v. Ramsey, 295 S.C. 349, 368 S.E.2d 477 (Ct. App....
WILLIAMS v. WILLIAMS - 12/5/1988
Heard Nov. 14, 1988.
Decided Dec. 5, 1988.
Appellant-husband, James A. Williams, appealed a family court order denying him alimony and excluding the wife's profit sharing account from the marital estate. Our Supreme Court...
HUME v. LONG - 12/5/1988
Heard Oct. 17, 1988.
Decided Dec. 5, 1988.
This is an action in negligence for professional malpractice. Muriel Hume, as executrix of the estate of her deceased husband, Donald E. Hume, sued John D. Long, III, and O. Eugene...
ROOF v. KIMBROUGH - 11/28/1988
Heard Oct. 19, 1988.
Decided Nov. 28, 1988.
Appellants, Martin L. Roof, Sr. and Ann P. Roof, sued respondents, Edward E. Kimbrough and the Moore Clinic, P.A., for damages arising from surgery performed on Mr. Roof. From a...
FOWLER v. BASILY - 11/28/1988
Heard Oct. 18, 1988.
Decided Nov. 28, 1988.
Appellant, Aundra J. Fowler, Administratrix of the Estate of Bobby Earl Fowler, brought this action for medical malpractice against respondent, Kamal S. Basily. From an order...
MCKENZIE v. LEEKE - 6/22/1987
Heard May 27, 1987.
Decided June 22, 1987.
Thomas Lee McKenzie, a former "A" custody prison inmate at the Midlands Reception and Evaluation Center in Columbia, brought this action against William D. Leeke, the Commissioner...
LEBOVITZ v. MUDD - 6/22/1987
Heard May 5, 1987.
Decided June 22, 1987.
This appeal involves two consolidated cases. The circuit court, pursuant to Rule 12(b)(6), SCRCP, dismissed appellants' causes of action alleging fraudulent conveyances. The court...
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