Justia South Carolina Supreme Court Opinion Summaries

This case was one in a string of longstanding disagreements regarding how the practice of physical therapy should be regulated in South Carolina. The South Carolina Board of Physical Therapy (the Board) sided with members of the profession who wanted to prevent physical therapists (PTs) from providing treatment as direct employees of physicians. The Board had long sought to require PTs to provide their services directly to patients or through a practice group of PTs. However, other licensed healthcare professionals in South Carolina, such as occupational therapists, speech pathologists, and nurse practitioners may be employed by physicians. Thus, the PTs stood alone in South Carolina. Physicians' offices could not provide PT services by employing licensed PTs, and PTs could not provide services while employed by a physician or physicians' practice group. Appellants Kristin Joseph, a PT, and two orthopedic surgeons, Doctors Thomas Joseph and William McCarthy appealed a circuit court's order dismissing their claims challenging a 2011 position statement from the Board, which opined that within a group practice, if a PT or physical therapist assistant (PTA) provided services to a patient at the request of another PT or PTA employed within the same practice, the act did not constitute a "referral" under section 40-45-110(A)(1) of the South Carolina Code, as construed in "Sloan v. South Carolina Board of Physical Therapy Examiners," (636 S.E.2d 598 (2006)). After review, the Supreme Court overruled its decision in "Sloan," and reversed the circuit court's order in this case. View "Joseph v. SC Dept of Labor, Licensing & Regulation" on Justia Law

These cases arose out of an on-going South Carolina Law Enforcement Division ("SLED") investigation into the past conduct of certain members of the General Assembly (the "redacted legislators"), and was filed in the South Carolina Supreme Court's original jurisdiction. Petitioner David Pascoe ("Pascoe"), Solicitor of the First Judicial Circuit, asked the Supreme Court to require "the Attorney General" to recuse himself and his Office from the redacted legislators matter, and vest Pascoe with the legal authority to act autonomously as the designee of the Attorney General with the powers of that Office. Pascoe further asked that respondent James Parks ("Parks"), clerk of the state grand jury, be ordered to cooperate with Pascoe's initiation of the state grand jury investigation. Attorney General Alan Wilson appointed Pascoe as the "designated prosecutor" in the investigation. Wilson acknowledged that there might have been "inherent conflicts" between himself and certain members of the house. Chief Deputy General John McIntosh was thereafter made supervising prosecutor. On March 28, 2016, McIntosh sent a letter to Pascoe purportedly terminating all authority delegated to Pascoe "on July 17 and July 24, 2015," because of Pascoe's attempt to "unlawfully" initiate a state grand jury investigation. Pascoe petitioned for a declaration that he was imbued with the powers of the office of Attorney General, which included convening a state grand jury. After review, the Supreme Court granted the petition for declaratory relief and declared that respondent Attorney General Wilson and the Attorney General's Office were recused from the redacted legislators investigation; Pascoe lawfully sought to initiate a state grand jury investigation; and the Attorney General's Office's purported termination of Pascoe's designation was not valid. Recognizing the integrity of the parties involved, the Court declined to formally issue relief in a related mandamus action, "confident that our resolution of the declaratory judgment action makes clear the responsibilities and roles of the parties." View "Pascoe v. Wilson" on Justia Law

In 2003, William Hueble purchased 220 acres of farming and hunting property in Greenwood County. At the time of closing, the seller informed Hueble that Respondent Eric Vaughn, a corporal for the South Carolina Department of Natural Resources (DNR), had a personal deer stand on the property and had hunted there in the past. The seller indicated it would be a "good idea" to allow Vaughn continued access. Hueble declined the suggestion. During 2004, Hueble received a call from the seller informing him that Vaughn had recently been on the property and left four wheeler tracks. The seller again suggested that it would be in Hueble's "best interest" to allow Vaughn to hunt on the property, and provided Vaughn's phone number to Hueble. Hueble once again declined the suggestion and did not contact Vaughn. Hueble then acquired additional land and invested substantial sums of money to improve and maintain his property for hunting dove. More than one month prior to the opening day of dove season, Hueble believed the field was non-baited and in compliance with all regulations and guidelines. On opening day, Hueble's friends and family joined him for the first hunt of the season. Shortly into the hunt, Vaughn and other DNR officers entered Hueble's property unannounced. Vaughn and the DNR officers gathered the hunters together and began threatening them with fines and confiscation of property for baiting the dove field. Vaughn dug into Hueble's property with a knife blade to produce seeds and claimed that one seed constituted baiting a field. During this interaction, Hueble learned Vaughn was the DNR officer the seller had mentioned. Ultimately, Hueble was the only hunter charged by DNR with baiting the field. Hueble ultimately pled no contest to the baiting charge, believing this would resolve Vaughn's animosity. Hueble was accused of baiting at the start of turkey season too. Based on these encounters with Vaughn, Hueble believed that Vaughn had a "vendetta" against him and that Vaughn's supervisor was fully aware of the alleged threats he was making against Hueble. Because of these concerns, Hueble initiated a complaint with Vaughn's supervisor at DNR. However, the supervisor responded with allegations of Hueble's illegal activity based upon Vaughn's version of the events. Hueble filed a complaint against DNR and Vaughn. He obtained a Rule 68, SCRCP, judgment of $5,100 in his favor at the close of litigation. The issue this case presented for the Supreme Court's review was whether Hueble was a prevailing party within the meaning of the Civil Rights Act, 42 U.S.C. 1988 (2006), and was therefore entitled to attorneys' fees. The Court held that he was, and reversed the lower courts' holdings to the contrary, and remanded the case for further proceedings. View "Hueble v. SCDNR" on Justia Law

This negligence action arose out of a collision involving a train and an automobile at a railroad crossing. Petitioner Willie Stephens, as Guardian ad Litem for his minor granddaughter who suffered a traumatic brain injury while a passenger in her mother's vehicle, filed suit against CSX Transportation, Inc. and the South Carolina Department of Transportation ("SCDOT"). A jury returned a verdict in favor of the defendants, and Petitioner appealed. The Court of Appeals affirmed, finding the trial judge did not err in admitting certain evidence, charging the jury, and in denying Petitioner's motions for a directed verdict and judgment notwithstanding the verdict ("JNOV"). The South Carolina Supreme Court granted Petitioner's request for a writ of certiorari to review the decision of the Court of Appeals. After review, the Supreme Court affirmed the rulings of the Court of Appeals regarding the denial of Petitioner's JNOV motion and the jury charge issues that it addressed. However, the Court found the Court of Appeals erred in restricting its analysis only to those jury charge issues related to the breach of CSX's and SCDOT's duty of reasonable care. Because portions of the judge's charge were erroneous and prejudiced Petitioner, the case was reversed and remanded for a new trial. View "Stephens v. CSX Transportation" on Justia Law

Julie Freeman, individually and on behalf of over five-thousand similarly situated car buyers, filed a lawsuit against J.L.H. Investments, LP, a/k/a Hendrick Honda of Easley ("Hendrick"), seeking damages under the South Carolina Dealers Act on the ground that Hendrick "unfairly" and "arbitrarily" charged all of its customers "closing fees" that were not calculated to reimburse Hendrick for actual closing costs. A jury returned a verdict in favor of Freeman in the amount of $1,445,786.00 actual damages. In post-trial rulings, the trial judge: (1) denied Hendrick's motions to overturn or reduce the jury's verdict; (2) granted Freeman's motions to double the actual damages award and to award attorneys' fees and costs; and (3) denied Freeman's motion for prejudgment interest. The South Carolina Supreme Court certified this case from the Court of Appeals, and finding no reversible error, the Supreme Court affirmed. View "Freeman v. J.L.H. Investments" on Justia Law

Stokes-Craven Holding Corporation d/b/a Stokes-Craven Ford ("Stokes-Craven") appealed a circuit court order granting summary judgment in favor of Scott Robinson and his law firm, Johnson, McKenzie & Robinson, L.L.C., (collectively "Respondents") based on the expiration of the three-year statute of limitations. Stokes-Craven argued on appeal the court erred in applying the South Carolina Supreme Court's decision in "Epstein v. Brown," (610 S.E.2d 816 (2005)), and holding that Stokes-Craven knew or should have known that it had a legal malpractice claim against its trial counsel and his law firm on the date of the adverse jury verdict rather than after the Supreme Court affirmed the verdict and issued the remittitur in "Austin v. Stokes-Craven Holding Corp.," (691 S.E.2d 135 (2010)). After review of this matter, the South Carolina Supreme Court overruled "Epstein," reversed the circuit court's order, and remanded the case back to the circuit court for further proceedings. View "Stokes-Craven Holding Corp. v. Robinson" on Justia Law

Respondent AVX Corporation manufactured electronic parts at a plant in North Myrtle Beach. In 1980, respondent began using a chemical called trichloroethylene (TCE) as a degreaser to clean machine tools and parts. At some point, TCE escaped the plant and migrated beyond the boundaries of respondent's property, contaminating surrounding properties and groundwater. In December 1996, respondent entered into a consent order with the South Carolina Department of Health and Environmental Control (DHEC), in which respondent admitted that it had violated certain state environmental statutes and regulations. DHEC required respondent to implement a plan to clean up the TCE. In 2007, environmental testing performed in a ten block section north of respondent's plant showed levels of TCE greater than considered safe. On November 27, 2007, a group of residents who own real property near respondent's plant filed suit alleging causes of action for trespass, nuisance, negligence, and strict liability. The residents brought the suit both individually and as class representatives pursuant to Rule 23, SCRCP. The circuit court granted respondent's Rule 12(b)(6) motion and dismissed appellants' claims with prejudice. In dismissing appellants' trespass, negligence, and strict liability claims, the circuit court stated that such claims "cannot be maintained when there is no evidence that alleged contamination has physically impacted [appellants'] properties." Further, with respect to appellants' nuisance claim, the circuit court noted that a claimant must plead an unreasonable interference with the use and enjoyment of his or her property in order to state a claim for nuisance. Therefore, the circuit court found that because their properties are not contaminated, appellants' allegations did not state a claim for nuisance. Appellants appealed. We affirm the circuit court's dismissal of both appellants' nuisance and strict liability claims because the complaint alleges actual contamination of the property in pleading both of these causes of action. Since each of these claims was pled only on behalf of the Subclass A plaintiffs and not on behalf of appellants, we uphold the circuit court's dismissal of these two causes of action pursuant to Rule 220(c), SCACR. As explained below, however, we find the complaint sufficiently pleads a negligence cause of action on behalf of appellants, and therefore reverse the dismissal of this claim. View "Chestnut v. AVX Corporation" on Justia Law

Lawrence and Evelyn Morrow filed a lawsuit against THI of South Carolina at Magnolia Place at Spartanburg, LLC (Magnolia Place) alleging personal injuries to Lawrence as a resident. The Morrows alleged that due to Magnolia Place's negligence, Lawrence sustained an injury while being assisted in the shower and was required to undergo surgery to remove a penile implant. They also alleged the nursing home failed to properly monitor Lawrence's diabetes or properly care for his pressure wounds. The Morrows also brought suit against Fundamental Long-Term Care Holdings, LLC, Fundamental Clinical Consulting, LLC, Fundamental Administrative Services, LLC, THI of Baltimore, Inc., THI of South Carolina, Inc., and THI Holdings, LLC (collectively, Fundamental Entities). The Morrows alleged the Fundamental Entities were vicariously liable for the negligence of Magnolia Place, and furthermore were directly responsible for Lawrence's injuries by way of their conscious disregard for his health in underfunding Magnolia Place, which led to issues with staffing, training, and nutrition. The Fundamental Entities thereafter filed a motion to bifurcate the trial pursuant to Rule 42(b), SCRCP between the nursing home negligence claims and the corporate negligence claims, and further, to stay discovery related to the corporate negligence claims. The Fundamental Entities argued bifurcation was proper because the issues of nursing home negligence and corporate negligence were distinct, and the Morrows could only move forward on the corporate negligence claims if they were first successful against Magnolia Place. As an extension, the Fundamental Entities argued bifurcation of the trial would simplify the issues, save significant judicial resources, and cut costs related to discovery. The trial court granted the motion, finding that without first proving negligence against the nursing home the Morrows' claims for corporate negligence could not proceed. Accordingly, the trial court ordered that discovery and a trial on the nursing home negligence claims could go forward, and only if the Morrows were successful, a new jury could hear the corporate negligence claims in a later proceeding. The court of appeals dismissed as interlocutory an appeal which severed a number of defendants from this lawsuit, ostensibly under the label of "bifurcation." The Morrows appealed, and the Supreme Court reversed, holding that the trial court's order went "far beyond our common understanding of bifurcation," thereby affecting a substantial right of the petitioners. View "Morrow v. Fundamental Long-Term Care" on Justia Law

BADD, L.L.C. purchased three warehouse units in Myrtle Beach. To finance the transaction, BADD executed two promissory notes. A personal guaranty was also executed by William McKown, who was a member of BADD. After BADD defaulted, the Bank brought this foreclosure action and included McKown as a party based on his status as a guarantor. In McKown's amended answer and counterclaim, he demanded a jury trial because the Bank sought a money judgment for the breach of a guaranty arrangement. McKown further sought an accounting and a determination that the guaranty agreement was unconscionable. McKown then asserted two counterclaims: (1) civil conspiracy and (2) breach of contract, both based on an alleged conspiracy between the Bank and William Rempher. Finally, McKown asserted third-party claims against Rempher. The Bank moved for an order of reference. The circuit granted the motion, referring the matter in its entirety to the master-in-equity. The Court of Appeals reversed, holding McKown was entitled to a jury trial because the Bank's claim on the guaranty agreement was a separate and distinct legal claim. The Bank appealed, challenging the Court of Appeals' finding that McKown was entitled to a jury trial. The Supreme Court reversed, finding that McKown was not entitled to a jury trial solely because the Bank exercised its statutory right to join him as a party in the event of a deficiency judgment. Furthermore, the Court held McKown was not entitled to a jury trial based on his counterclaims, which, while legal, were permissive. McKown waived his right to a jury trial by asserting permissive counterclaims in an equitable action. View "Carolina First Bank v. BADD, L.L.C." on Justia Law

In 1997, Dr. Michael Hayes and Dr. Michael Taillon were working as emergency room physicians at Providence Hospital, presumably as independent contractors. Arthur Sharpe came to the Providence Hospital emergency room complaining of chest pain. Dr. Hayes and Dr. Taillon evaluated Sharpe and diagnosed him as suffering from reflux. Sharpe was discharged. Sharpe had actually suffered a heart attack, which was determined a few days later when he sought further medical care elsewhere. Because of the misdiagnosis, in 1999, Sharpe and his wife filed a medical malpractice and loss of consortium action against Providence Hospital and Dr. Hayes. The Sharpes did not name Dr. Taillon as a defendant. Providence Hospital settled with the Sharpes in 2004. In 2007, Providence Hospital filed this equitable indemnification action against Dr. Taillon and his medical malpractice insurer, The South Carolina Medical Malpractice Liability Joint Underwriting Association (collectively Respondents). Respondents moved for summary judgment on the ground that the medical malpractice statute of repose barred Providence Hospital's claim and the circuit court granted the motion on that basis. Providence Hospital appealed, and the court of appeals affirmed. The issue this case presented for the Supreme Court's review was whether the medical malpractice statute of repose applied to Providence Hospital's indemnity claim. The Court concluded that Providence Hospital's indemnity action was indeed barred by the statute of repose, and as such affirmed the trial court. View "Columbia/CSA-HS Greater Columbia Healthcare System v. So. Carolina Medical Malpractice Liability Joint Underwriting Association" on Justia Law