Justia South Carolina Supreme Court Opinion Summaries

The Supreme Court granted a petition for a writ of certiorari to review the decision in "Fairchild v. South Carolina Department of Transportation," (385 S.C. 344, 683 S.E.2d 818 (Ct. App. 2009)). The Court of Appeals affirmed in part, reversed in part, and remanded for a new trial a negligence action arising from a motor vehicle accident. In relevant part, the Court of Appeals determined (1) Respondent Marilee Fairchild's claim for punitive damages should have been submitted to the jury; (2) the trial court should have charged the jury on the intervening negligence of a treating physician; and (3) the trial court did not abuse its discretion in denying Defendant William Leslie Palmer's motion under Rule 35, SCRCP for an independent medical examination (IME) to be performed by Dr. James Ballenger. This action arose out of a motor vehicle that occurred on March 1, 2001 while several vehicles were traveling on Interstate 95. Just before the accident, an employee with the South Carolina Department of Transportation (SCDOT), was driving a dump truck with an attached trailer transporting a backhoe. The employee was traveling in the left lane of the southbound traffic (closest to the median) when he pulled in to a paved "cross-over" in the median so he could turn around and enter the northbound lanes of I-95. While he was stopped waiting for the northbound traffic to clear, the back of his trailer allegedly protruded into the left traffic lane on the southbound side. Several cars traveling south in the left lane directly behind the SCDOT truck, saw the trailer and simultaneously switched to the right lane. When those cars moved over, Fairchild, who was behind them driving a minivan, saw the trailer partially blocking the left lane where she was traveling. She "flashed" her brakes and then continued to brake while staying ahead of the vehicle behind her. Fairchild managed to avoid the trailer, but she was struck by a truck traveling behind her that was driven by William Leslie Palmer. After a trial, the jury returned a verdict in Fairchild's favor. Upon review, the Supreme Court affirmed the decision of the Court of Appeals, which found reversible error in the trial court's failure to submit the issue of punitive damages to the jury and to charge the jury on the intervening negligence of a treating physician, and found the trial court did not abuse its discretion in denying Palmer's motion for an IME to be performed. View "Fairchild v. SCDOT" on Justia Law

Appellant East Cherry Grove Realty Co., LLC, appealed a jury verdict which found that South Carolina held title to certain disputed canals in North Myrtle Beach. The question was submitted to the jury on three theories: that two quitclaim deeds established title in the canals; that the canals had been dedicated to the public; and that the State held title to the canals in trust for the public. The jury returned a verdict for the State on all three theories. Appellant argued that the trial court erred when it denied Appellant’s motions for directed verdict on each theory. Upon review, the Supreme Court found that the question of ownership under the quitclaim deeds was properly submitted to the jury and therefore affirmed the verdict. View "City of North Myrtle Beach v. East Cherry Grove Realty" on Justia Law

Appellants, who are current and former certified educators employed by the South Carolina Department of Corrections (SCDC) in the Palmetto Unified School District (PUSD), collectively appealed the Administrative Law Court's (ALC's) order that affirmed the State Employee Grievance Committee's decision denying their grievances regarding the SCDC's Reduction-in-Force (RIF) implemented in 2003. On appeal, Appellants contended the ALC erred in failing to enforce: (1) the plain language of the RIF policy; (2) the controlling legislation applicable to the PUSD and the RIF policy; (3) Appellants' constitutional rights with respect to employment; and (4) Appellants' rights as "covered employees" with respect to the RIF policy. Based on these alleged errors, Appellants asserted they were entitled to reinstatement to employment as well as back pay and benefits. Because the RIF was deemed "procedurally correct," the Supreme Court concluded the ALC correctly affirmed the Committee's decision regarding the inclusion of the PUSD in the RIF. However the Court concluded that the SCDC violated statutory law in precluding Appellants from exercising their priority right to recall as to the positions vacated by retirees. Because the "Retirement Opportunity" offered by the SCDC required a fifteen-day break in service before rehiring, the Court found that "window" constituted a vacancy for which Appellants should have been offered the opportunity for employment. Accordingly, the Court affirmed in part, reversed in part, and remanded this case to the Committee to determine the appropriate relief. View "Bell v. SCDC" on Justia Law

The South Carolina Law Enforcement Division (SLED) conducted a sting operation on the Blue Moon Sports Bar, a private club operated by Petitioner Blue Moon of Newberry, Inc. After SLED's investigation, Respondent Department of Revenue concluded Blue Moon's guest policy violated Section 7-401.4(J) through (K) of the South Carolina Code of Regulations and revoked Blue Moon's liquor license. The Administrative Law Court (ALC) reinstated Blue Moon's license, and the court of appeals reversed. To test Blue Moon's compliance with these regulations, SLED conducted an operation wherein and agent went undercover and attempted to gain access to Blue Moon as a guest. The agent's first attempt was rebuffed by Blue Moon's bouncer when the agent admitted he was not a member of the organization. However, the bouncer directed the agent's attention to a sign which contained a telephone number and told him that he would be allowed to enter if he called that number. The agent called the number as directed, which was the telephone number for Blue Moon, and Steve Malone who is both a member and employee of Blue Moon, answered the call. It is undisputed that the agent did not know Malone or have any prior relationship with him whatsoever. However, Denise Polifrone, who is Blue Moon's owner and license holder, had given Malone authority to admit people who called as his guests. Approximately two to three minutes after he spoke with Malone and gave Malone his name, the agent returned, showed the bouncer his civilian identification and said he had called the number on the sign. The bouncer then let the agent enter the bar after he paid a small cover charge. Once inside, the agent ordered an alcoholic beverage, paid for it, and consumed a small portion of it. He subsequently called the SLED agent in charge of the operation. That agent arrived and issued Polifrone a citation for permitting someone who was not a bona fide member or guest to consume alcohol on-premises. As a result, the Department revoked Blue Moon's liquor license. Finding that Blue Moon complied with the plain language of Regulation Regulation 7-401.4(K), the Supreme Court denied the Department's request to revoke Blue Moon's license. View "SCDOR v. Blue Moon" on Justia Law

Appellant Creola Young appealed an order of the circuit court which upheld the Charleston County School Board's (Board) decision not to renew her employment contract, on the ground that the Board violated her procedural due process rights. Appellant taught fifth grade at E.B. Ellington Elementary School in Charleston County for six years. During Appellant's tenure there, she received multiple warnings and feedback about inappropriate conduct and poor judgment with students, and her failure to provide instruction in a satisfactory manner. In 2009, the Associate Superintendent of the Charleston County School District (District) recommended the Board not renew Appellant's teaching contract. Appellant made a timely request for a hearing before the Board concerning the recommendation. The Board delegated the hearing function to a three-member committee comprised of Board members. The Committee reported a quorum of the Board during a special telephone executive session. Appellant was not present at that meeting. At the end of the executive session, the Board reconvened in open session and voted to accept the committee's recommendation not to renew Appellant's contract by a vote of four to three. Upon review, the Supreme Court concluded that the review undertaken by the Board of Appellant's non-renewal hearing was insufficient to satisfy due process requirements. The Court reversed the circuit court's decision and remanded the case for further proceedings. View "Young v. Charleston County School District" on Justia Law

In 1969, the State sued Appellant Yelsen Land Company alleging that the State owned "all tidelands, submerged lands, and waters" adjacent to Morris Island.  Appellant answered and claimed it owned all the tidelands, submerged lands, and marshes adjacent to Morris Island. Appellant also counterclaimed for trespass on those lands by the Corps of Engineers in the form of spoilage dredged from Charleston Harbor, the digging of a ditch, and the erection of a dike. In the first appeal, the Supreme Court held that the legal questions of title to the land should be tried to a jury and that the trial judge erred in denying the State a jury trial. The jury returned a general verdict for the State, having been charged that title to tidelands, submerged lands, and all land below the high water mark on navigable streams were presumptively the State's unless the entity claiming title can show a specific grant from the sovereign that included the words "to the low water mark."  It was also charged that it was to determine title to marshlands and to return damages for appellant if it found the State had trespassed on marshland owned by appellant or if it found a taking. Following the jury verdict, Appellant moved for a judgment non obstante verdicto and a new trial, both of which the trial judge denied in a written order. In 2007, Appellant brought this suit against the State contending that the dredging spoils placed in the tidelands had created new highlands, and that as the adjacent highland owner, it was the owner of the newly “accreted” highlands as well.  The State Ports Authority (SPA) sought to intervene, but in lieu of intervention, Appellant was permitted to amend its complaint to add the SPA. A Master granted the State and the SPA summary judgment, and Appellant appealed.  The Supreme Court affirmed, finding res judicata applied to bar Appellant's attempt to relitigate title to the property. View "Yelsen Land Company v. South Carolina" on Justia Law

This issue in this case centered on proposed renovations to the overcrowded Chapin High School, which required filling in a portion of a stream on its property.  District 5 of Lexington and Richland Counties received a water quality certification (WQC) from the Department of Health and Environmental Control (DHEC), authorizing the project and allowing the District to fill the approved portion of the stream.  The Administrative Law Court (ALC) affirmed the certification, and Appellant Kim Murphy appealed, arguing the ALC erred in determining that the vicinity of the project included the area surrounding the proposed fill, failied to find that the project would damage the surrounding ecosystem, and found no feasible alternatives to the proposed project. She also alleged DHEC impermissibly abdicated its decision-making authority to the District.  Upon review, the Supreme Court found no error in the ALC's analysis or in DHEC's evaluation of the project and accordingly affirmed those decisions. View "Murphy v. SCDHEC" on Justia Law

Appellants Phillip Grimsley and Roger Mowers were retired and later rehired employees of the South Carolina Law Enforcement Division (SLED). As employees, they were members of the Police Officers Retirement System. As part of the rehire process, SLED required Appellants to sign a form which provided that they would take a pay cut in the amount it would cost SLED to pay "the employer portion" of retirement. According to their suit, Appellants claimed that provision was contrary to state law, which assigned the responsibility for the employer portion of the retirement to the employer. On behalf of themselves and others similarly situated, Appellants brought suit against SLED and the State, seeking a declaratory judgment and asserting causes of action for a violation of S.C. Code Ann. section 9-11-90 and for unlawful takings. The trial court dismissed the complaint for failure to exhaust administrative remedies under the South Carolina Retirement Contribution Procedures Act (Retirement Act), which Appellants challenged on appeal to the Supreme Court. Appellants additionally appealed the trial court's alternative ruling dismissing their unlawful takings claim. Upon review, the Supreme Court agreed with Appellants and found the trial court erred in dismissing their complaint: "Appellants have asserted a cognizable property interest rooted in state law sufficient to survive the motion to dismiss. In so finding, [the Court] also [held] the trial court erred in dismissing Appellants' unlawful takings claim." View "Grimsley v. So. Carolina Law Enforcement Div." on Justia Law

The issue on appeal before the Supreme Court was whether Respondent South Carolina Department of Health and Human Services and its agent, the South Carolina Department of Disabilities and Special Needs (DDSN), "properly ceased Mental Retardation/Related Disability services to" Appellant Jane Doe, a twenty-eight-year-old woman with undeniable cognitive and adaptive deficits. Based on a legal standard that the "onset of Mental Retardation must be before the age of eighteen (18) years according to accepted psychological doctrine[,]" the Hearing Officer concluded Doe was not mentally retarded. The Administrative Law Court (ALC) affirmed this legal determination, as well as the Hearing Officer's factual findings. Because the decision of the Hearing Officer and ALC was controlled by an error of law, the Supreme Court reversed and remanded the case: "DDSN could have promulgated regulations incorporating […] additional criteria as part of the definition of mental retardation. But no such steps were taken. Rather, South Carolina adopted a broad definition of mental retardation […] using language that parallels the SSI definition, and in Regulation 88-210, DDSN interpreted that definition in a manner consistent with the SSA. DDSN's interpretation of section 44-20-30 in its policy guidelines directly conflicts with Regulation 88-210 and should be disregarded." View "Doe v. South Carolina Dept. Health Human Svcs." on Justia Law

Appellant State Law Enforcement Division (SLED) appealed the circuit court order relieving Respondent Jeremy Lane Edwards from registering as a sex offender registration. In 1998, Respondent pled guilty to two counts of being a "Peeping Tom." Respondent served a probationary sentence including one hundred hours of community service. In 2004, Respondent received a pardon from the South Carolina Department of Probation, Parole, and Pardon Services (SCDPPPS). In 2009, Respondent filed petitions requesting that the circuit court issue an order mandating that he was no longer required to register as a sex offender. The Attorney General opposed the petition, and asserted that Respondent's pardon did not relieve him from the requirement that he register as a sex offender. The Attorney General argued that the amendments to the applicable statute were remedial and procedural in nature, and thus applied retroactively to Respondent's case. The circuit court disagreed, and ruled that the 2004 pardon relieved Respondent from the registration requirements of the statute, and that the 2005 and 2008 amendments did not apply retroactively. Upon review, the Supreme Court concluded that Respondent's 2004 pardon relieved him of all consequences of his conviction. Accordingly, the Court affirmed the circuit court's order relieving Respondent of his duty to report. View "In the Matter of the Care and Treatment of Jeremy Lane Edwards" on Justia Law