Justia South Carolina Supreme Court Opinion Summaries

Tiffanie Rutland (Tiffanie) was killed when the car in which she was riding rolled over and fell on top of her after she was partially ejected. This case presented the novel issue of whether "pre-impact fear" should have been recognized as a cognizable element of damages in a survival action. The Supreme Court granted a writ of certiorari to review the decision of the court of appeals that pre-impact fear was not compensable. Finding no evidence of conscious pain and suffering under the facts of this case, the Supreme Court reserved judgment on this question and affirmed as modified. View "Rutland v. SCDOT" on Justia Law

The Savannah Bank, N.A., (Bank) sought to foreclose on a property owned by Appellant Alphonse Stalliard. Appellant argued that he should not be held liable for a loan closed by a person acting on his behalf under a power of attorney. Appellant alleged, inter alia, that Bank did not conduct reasonable due diligence and did not verify Appellant's ability to pay. He filed a motion seeking additional time for discovery. The master-in-equity denied the motion and ruled in Bank's favor. Appellant appealed that decision, arguing that summary judgment was improper and that the master should have permitted additional time for discovery. Upon review, the Supreme Court held that the master properly denied Appellant's motion. View "Savannah Bank v. Stalliard" on Justia Law

Respondent Walter Martin was presiding over bond court when one of the defendants before him questioned the bond set. Respondent became upset with the defendant and asked the defendant whether he was calling respondent a liar. When the defendant responded, "[n]o, I'm not going anywhere," respondent replied, "[o]kay. Because I'll beat your ass if you call me a liar." Respondent immediately apologized to the defendant. The Office of Disciplinary Counsel (ODC) charged Respondent with misconduct. Respondent regretted his comment, and the parties entered into an Agreement for Discipline by Consent whereby Respondent admitted to the misconduct, and consented to the imposition of a public reprimand, admonition, or letter of caution. The Supreme Court accepted the Agreement and issued a public reprimand. View "In the Matter of Greenwood County Magistrate Walter Martin" on Justia Law

In this wrongful death and survival action involving a train collision, Appellant Connie Carson as personal representative of the estate of Beryl Harvey, argued on appeal that the circuit court erroneously excluded certain evidence, charged the jury, and permitted an inconsistent verdict in the survival action. Upon review of the circuit court's ruling, the Supreme Court affirmed the court's evidentiary determinations and jury charge, but reversed the circuit court's decision denying Appellant's request for a new trial nisi additur and remanded the survival action for a new trial. View "Carson v. CSX Transportation" on Justia Law

Petitioners Savannah Riverkeeper, South Carolina Coastal Conservation League, South Carolina Wildlife Federation, and Conservation Voters of South Carolina (collectively, Conservation Groups) petitioned the Supreme Court Court to hear this matter in its original jurisdiction to determine whether the South Carolina Department of Health and Environmental Control (DHEC) acted illegally and usurped the authority of the Savannah River Maritime Commission (the Commission) when it negotiated an agreement with the U.S. Army Corps of Engineers (the Corps) and the Georgia Ports Authority (GPA) before issuing a 401 Water Quality Certification (the Certification or the 401 Certification) requested for the proposed Savannah Harbor Expansion Project (SHEP). The Court granted the petition. Upon review, the Supreme Court found that DHEC's action contravened the plain language of S.C. Code Ann. section 54-6-10 (2007). View "Savannah Riverkeeper v. SCDHEC" on Justia Law

Appellant Library Associates purchased a building located at 404 King Street (404 King) which was formerly the main branch of the Charleston County Public Library. Charleston City Council adopted Zoning Ordinance 2007-147, which rezoned the entire 404 King property. Respondents Historic Charleston Foundation and Preservation Society of Charleston then brought this action to challenge the ordinance's legality. The master invalidated the ordinance finding it was unlawful spot zoning. Upon review, the Supreme Court reversed: "Zoning ordinances are presumed valid and the person attacking one bears the burden of showing the zoning decision is arbitrary, unreasonable, and unjust. In passing on the validity of a zoning ordinance, it is not within a court's prerogative to pass upon the wisdom or expediency of the municipality's decision. Respondents did not meet their heavy burden here." View "Historic Charleston v. City of Charleston" on Justia Law

After finding a card for flowers for another woman in her husband’s car, Petitioner Gail Jennings confronted him. Respondent M. Lee Jennings confessed he had fallen in love with someone else, and although he refused to divulge her name, he admitted the two had been corresponding via e-mail for some time. Gail confided this situation to her daughter-in-law, Petitioner Holly Broome. Broome had previously worked for Jennings and knew he maintained a personal Yahoo! e-mail account. She accessed his account by guessing the correct answers to his security questions and read the e-mails exchanged between Jennings and his paramour. Broome then printed out copies of the incriminating e-mails and gave them to Thomas Neal, Gail’s attorney in the divorce proceedings, and Brenda Cooke, a private investigator Gail hired. Broome was sued civilly for hacking Lee Jennings' Yahoo! e-mail account. The circuit court granted summary judgment in favor of Broome on all claims, including violation of the federal Stored Communications Act (SCA). The court of appeals reversed, finding that the e-mails she obtained from hacking Jennings' account were in electronic storage and thus covered by the SCA. The Supreme Court disagreed and reversed. After opening them, Jennings left the single copies of his e-mails on the Yahoo! server and apparently did not download them or save another copy of them in any other location. The Court therefore declined to hold that retaining an opened e-mail constitutes "storing it for backup protection" under the Act. "We emphasize that although we reject the contention that Broome's actions [gave] rise to a claim under the SCA, this should in no way be read as condoning her behavior. Instead, we only hold that she is not liable under the SCA because the e-mails in question do not meet the definition of 'electronic storage' under the Act." View "Jennings v. Jennings" on Justia Law

Appellant was convicted of murder and possession of a weapon during a crime of violence and received concurrent sentences of life (murder) and five years (weapon). On appeal, he alleged the trial judge committed reversible error in charging the jury that they were acting "for the community" and that their verdict "will represent truth and justice for all parties that are involved." The Supreme Court agreed that these charges were erroneous, but because appellant did not properly preserve his issues for appeal, the Court affirmed. View "South Carolina v. Daniels" on Justia Law

Petitioner Jason Ervin Black appealed his convictions for criminal sexual conduct (CSC) with a minor in the first degree and committing a lewd act upon a minor. Petitioner contended on appeal that the trial court committed reversible error in allowing the State to impeach his defense witness with two manslaughter convictions that were more than ten years old because their introduction violated Rules 404 and 609 of the South Carolina Rules of Evidence (SCRE), and that the error was not harmless beyond a reasonable doubt. Upon review, the Supreme Court found no error and affirmed. View "South Carolina v. Black" on Justia Law

Carolina Park Associates, LLC, lost its interest in a parcel of real property through foreclosure. At the foreclosure sale, an affiliate of one of Carolina Park Associates’ members purchased the property. Appellant Republic-Charleston, the managing member of Carolina Park Associates, contended that the circuit court erred when it dismissed claims seeking to impose a constructive trust in the property and when it cancelled a lis pendens filed by Appellants. Upon review, the Supreme Court concluded Appellants failed to state a claim for which imposition of a constructive trust would have been an appropriate remedy because the facts alleged, even viewed in the light most favorable to them, did not present circumstances in which an equitable remedy was required or needed. Moreover, because dismissal of the claims seeking to impose a constructive trust on the Property was proper, cancellation of the lis pendens was proper. View "Carolina Park Associates v. Marino" on Justia Law