Case Studies
Recent South Carolina Decisions on Family Law:
Adultery as a basis for alimony in South Carolina. The trial court in this case erred when it gave a wife alimony after the husband proved to the court that his wife had committed adultery. This is important for all parties to a divorce to realize. As many divorces are based on adultery. (Brown v. Brown- Greenville County Family Court).
College expenses were order by the court for a father. The father losses appeal because time period to file appeal is not tolled by motion for reconsideration. (Camp v. Camp, Lexington County Family Court)
Order of Protection against husband was correct even though court refused to continue hearing for husband to get an attorney. No violation of due process. (Charleston County Family Court)
Railroad Litigation:
The "public duty rule" preventing the plaintiff from maintaining a negligence claim against the Department of Transportation. This rule is based on the government keeping the public safe from a dangerous condition. In this case the railroad company was the at fault entity. (Platt v. CSX Transportation, Inc.; Berkeley County)
Tort Litigation:
This includes medical malpractice in South Carolina, Automobile Accidents in South Carolina, Assault & Battery, Personal Injury, Defamation, Medical Negligence, Traffic Accident,
Automobile Accident law in South Carolina- this includes automobile accidents that cause death, wrongful death car accidents, traffic deaths, trucking accidents, and any injury related accidents in South Carolina.
Assault and Battery- a defendant is liable for injuries to Plaintiff in a bar fight even when victim is struck by a bottle from a third party. (Charleston County Master-in-Equity)
Dental Malpractice- oral surgeon knew oral drill was defective and as such is liable for damages to Plaintiff. (Richland County)
Medical Malpractice- radiologist was improperly granted summary judgment for the death of a newborn. This was a case where the newborns heart was punctured and radiologist did not report that the needle was misaligned. (Charleston County)
Traffic Death- the Plaintiff's wife and son were killed when a tractor-trailer lost control. South Carolina courts have not limited recovery to situations where the driver was intoxicated. (Becker v. Estes Express Lines, Anderson/Greendwood U.S. District Court)
Negligent Hiring in Auto Accident- South Carolina law does not allow a Plaintiff in a car accident to sue the Defendant driver's employer for negligent hiring even after the employer admits they have respondeat superior liability. (South Carolina Supreme Court)
Negligent Road Design- The South Carolina Department of Transportation does not have design immunity where it failed to install barriers in a median after it was put on notice about accidents in the area along interstate 77. (South Carolina Supreme Court)
Adultery as a basis for alimony in South Carolina. The trial court in this case erred when it gave a wife alimony after the husband proved to the court that his wife had committed adultery. This is important for all parties to a divorce to realize. As many divorces are based on adultery. (Brown v. Brown- Greenville County Family Court).
College expenses were order by the court for a father. The father losses appeal because time period to file appeal is not tolled by motion for reconsideration. (Camp v. Camp, Lexington County Family Court)
Order of Protection against husband was correct even though court refused to continue hearing for husband to get an attorney. No violation of due process. (Charleston County Family Court)
Railroad Litigation:
The "public duty rule" preventing the plaintiff from maintaining a negligence claim against the Department of Transportation. This rule is based on the government keeping the public safe from a dangerous condition. In this case the railroad company was the at fault entity. (Platt v. CSX Transportation, Inc.; Berkeley County)
Tort Litigation:
This includes medical malpractice in South Carolina, Automobile Accidents in South Carolina, Assault & Battery, Personal Injury, Defamation, Medical Negligence, Traffic Accident,
Automobile Accident law in South Carolina- this includes automobile accidents that cause death, wrongful death car accidents, traffic deaths, trucking accidents, and any injury related accidents in South Carolina.
Assault and Battery- a defendant is liable for injuries to Plaintiff in a bar fight even when victim is struck by a bottle from a third party. (Charleston County Master-in-Equity)
Dental Malpractice- oral surgeon knew oral drill was defective and as such is liable for damages to Plaintiff. (Richland County)
Medical Malpractice- radiologist was improperly granted summary judgment for the death of a newborn. This was a case where the newborns heart was punctured and radiologist did not report that the needle was misaligned. (Charleston County)
Traffic Death- the Plaintiff's wife and son were killed when a tractor-trailer lost control. South Carolina courts have not limited recovery to situations where the driver was intoxicated. (Becker v. Estes Express Lines, Anderson/Greendwood U.S. District Court)
Negligent Hiring in Auto Accident- South Carolina law does not allow a Plaintiff in a car accident to sue the Defendant driver's employer for negligent hiring even after the employer admits they have respondeat superior liability. (South Carolina Supreme Court)
Negligent Road Design- The South Carolina Department of Transportation does not have design immunity where it failed to install barriers in a median after it was put on notice about accidents in the area along interstate 77. (South Carolina Supreme Court)