Justia South Carolina Supreme Court Opinion Summaries

Respondent Francina Bardsley's home was hit by a speeding car. The car ran through the house, struck and killed her husband, Frederic Bardsley, and caused substantial property damage. The liability coverage of the driver was exhausted in settlement of the wrongful death action, and upon review, the Supreme Court was asked to consider the impact of the collateral source rule on underinsured motorist property damage coverage where the homeowners' policy has already paid for the property damage. The Court held the collateral source rule did not apply and there was no underinsured motorist property damage coverage available. View "Bardsley v. Government Employees Insurance" on Justia Law

This dispute arose from the construction of a commercial building. Before the property was purchased, Respondent Bryan Causey hired GS2 Engineering and Environmental Consulting, Inc. (GS2) to perform an engineering analysis of the soils on the property to determine whether the land was suitable for construction. Causey formed Causey Consulting, LLC (of which he was the sole member), and Causey Consulting purchased the property to construct the commercial building. Appellant Crouch Construction Company was retained as the general contractor. The parties' dispute began over the amount of unsuitable soils excavated from the building site: during construction, it became apparent that more unsuitable soil needed to be removed than was initially anticipated, and the removal of additional soil increased the cost of the project. The construction project was substantially completed then occupied by Respondent Celebrations of Columbia, LLC, of which Causey is also a member. When Appellant did not receive final payment for the work, it filed a mechanic's lien and a suit to foreclose the lien. The circuit court ordered arbitration pursuant to an arbitration clause in the construction contract. The arbitrator determined Appellant was owed money under the contract, plus interest, attorney's fees and costs. Respondents moved to vacate the award, seeking to have it set aside based on several unfavorable evidentiary rulings and general allegations that the arbitrator manifestly disregarded the law. The circuit court denied Respondents' motion. However, before an order was entered, Respondents learned that an engineer employed by GS2 was the brother of one of the arbitrator's law partners. Respondents filed a supplemental motion to vacate the arbitration award, reiterating their previous arguments and raising several new claims, citing the arbitrator's failure to disclose his law partner's relationship with an employee of GS2. The circuit court found that vacatur was warranted, and , the circuit court held the award should be set aside. Upon review, the Supreme Court concluded that the arbitrator was not evidently partial towards GS2 or either party. Accordingly, the Court reversed and remanded the case to the circuit court for confirmation of the arbitration award. View "Crouch Construction v. Causey" on Justia Law

Clarence Logan appealed his conviction of attempted criminal sexual misconduct in the first degree. He argued that the trial court erred in providing the circumstantial evidence charge the Supreme Court articulated in "South Carolina v. Grippon" (489 S.E.2d 462 (1997)). The question, the Supreme Court observed, was not whether the circumstantial evidence carried the same probative weight as direct evidence in this case (concluding that it did), but the proper means for evaluating the evidence and how to instruct the jury as to the jury's analytical responsibility. "Trial courts should not be constrained from providing a jury charge encompassing the determinations critical for analyzing circumstantial evidence as it appears in some cases. Additionally, defendants should not be restricted from requesting a jury charge that reflects the requisite connection of collateral facts necessary for a conviction." Thus, the Court articulated language to be used by trial courts pertaining to circumstantial evidence, in addition to a proper reasonable doubt instruction, when so requested by a defendant. View "South Carolina v. Logan" on Justia Law

Automobile insurer Progressive Max Insurance Co. brought a contribution action against Floating Caps, Inc., d/b/a Silver Dollar Cafe (Silver Dollar), a Charleston bar, under South Carolina's Uniform Contribution Among Tortfeasors Act (UCATA) after Progressive settled a tort action involving a Silver Dollar patron. The circuit court found the contribution claim was not preserved and granted summary judgment to the Silver Dollar. After review, the Supreme Court concluded the UCATA provisions governing the right of contribution precluded Progressive's contribution action and that Progressive did not establish that it was entitled to reformation. Consequently, the Court found no error in the circuit court's grant of summary judgment to the Silver Dollar. View "Progressive Max Insurance v. Floating Caps" on Justia Law

Respondent Sue Taylor Colson Widenhouse sued Appellant Tammy Batson Colson in North Carolina state court for alienation of affections and criminal conversation. Respondent received a judgment for $266,000 plus interest and costs. Respondent filed notice of foreign judgment with the Greenville County clerk of court. South Carolina does not recognize alienation of affection or criminal conversation. Appellant moved for relief, arguing that respondent's judgment was not entitled to full faith and credit because the causes of action were contrary to South Carolina public policy. Respondent moved to enforce the foreign judgment. The circuit court denied appellant's motion and granted respondent's motion. Finding that the judgment was entitled to full faith and credit in South Carolina, the Supreme Court affirmed the circuit court's decision. View "Widenhouse v. Colson" on Justia Law

Appellant Centex International filed consolidated income tax returns for three of its corporate affiliates. It appealed an Administrative Law Court order that upheld the state Department of Revenue's denial of its claim for tax credits for the 2002-2005 tax years. Finding no error in the ALC's calculation of the tax, the Supreme Court affirmed. View "Centex International v. SCDOR" on Justia Law

In a declaratory judgment action, the issue before the Supreme Court was whether the circuit court erred when it found a commercial general liability (CGL) policy provided coverage when a brick face was damaged by improper cleaning after the insured general contractor completed its installation. After review, the Court concluded the policy did not provide coverage. View "Bennett & Bennett Construction v. Auto Owners Insurance" on Justia Law

The South Carolina Association of School Administrators (SCASA) is a non-profit corporation. In 2009, Rocky Disabato sent SCASA a request for information pursuant to the FOIA. The Executive Director of SCASA refused the request, asserting that SCASA is not a public entity subject to the FOIA. Disabato thereafter filed a complaint seeking a declaration that SCASA violated the FOIA by refusing to comply with his request as well as an injunction requiring SCASA to comply with the FOIA. SCASA moved to dismiss, arguing that as a non-profit engaged in political advocacy, the FOIA unconstitutionally infringed on its free speech rights. Upon review of the matter, the Supreme Court held that the FOIA did not violate SCASA's rights and reversed the circuit court's order granting its motion to dismiss. View "Disabato v. SCASA" on Justia Law

Defendant-Applicant Gregory McHam appealed the denial of his application for post-conviction relief. He contended that he received ineffective assistance of trial counsel because counsel failed to renew a motion to suppress drug evidence. Upon review, the Supreme Court concluded the PCR judge erred in finding defendant's trial counsel was not deficient, but that counsel's failure to renew the objection to drug evidence was not deficient performance such that defendant's constitutional rights were violated. However, the Court agreed with the PCR judge's ultimate findings that defendant did not establish prejudice and did not prove his claim for ineffective assistance of counsel as his Fourth Amendment claim failed on its merits. Consequently, the decision of the PCR judge was affirmed as modified. View "McHam v. South Carolina" on Justia Law

Following Appellant Darren Pollack's injury on the job, his employer accommodated his work restrictions by providing him light duty employment. Later, Appellant was discharged for violating a company policy by failing to report an accident involving an employer vehicle. Appellant filed a claim seeking Temporary Total Disability benefits. The Workers' Compensation Commission denied the claim, holding Appellant's termination and resulting incapacity to earn wages was due to his violation of company policy and not his work-related injury. Finding no error in the Commission's decision, the Supreme Court affirmed. View "Pollack v. Southern Wine & Spirits" on Justia Law