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The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Tuesday, September 13, 2022
9:30 a.m. (Time Limits: 15-15-5)
2021-001389 Anthony Denson, as personal representative of the estate of Garland Denson, Plaintiff, v. National Casualty Company, Defendant.
Johnny F. Driggers, of Goose Creek; Andrew S Radeker and Sara M. Larabee, both of Harrison, Radeker & Smith, P.A., of Columbia, for Plaintiff.
The following certified question is before the Court: May a person entitled to bring a dram-shop action against a business maintain a negligence action against the business's insurer where the insurer failed to notify the South Carolina Department of Revenue of the business's lapse in or termination of liquor liability coverage in violation of S.C. Code Ann. § 61-2-145(C) and the business did not have liquor liability coverage at the time of the underlying accident?
10:30 a.m. (Time Limits: 15-15-5)
2022-000094 Lucinda Ruh, Plaintiff, v. Metal Recycling Services, LLC, Defendant.
James D. George, Jr., and Graham L. Newman, both of Chappell, Smith & Arden, of Columbia, for plaintiff. Chris Ogiba of Moore & Van Allen, LLLC, of Charleston; and Scott M. Tyler of Moore & Van Allen PLCC of Charlotte, NC, all for defendant. Robert D. Moseley, Jr., and Robert C. Rogers, both of Moseley Marcinak Law Group LLP, of Taylors, for amici curiae the South Carolina Chamber of Commerce and the South Carolina Trucking Association, Inc.
The Court will answer the following certified question from the United States Court of Appeals for the Fourth Circuit: Under South Carolina law, can an employer be subject to liability for harm caused by the negligent selection of an independent contractor?
Wednesday, September 14, 2022
9:30 a.m. (Time Limits: 15-15-5)
2021-000425 The State, Petitioner, v. Russell Levon Johnson, Respondent.
Attorney General Alan Wilson, Senior Assistant Deputy Attorney General Deborah R.J. Shupe, both of Columbia, and Solicitor, Twelfth Judicial Circuit E. L. Clements, III, of Florence for Petitioner. Appellate Defender Lara M. Caudy, of Columbia, for Respondent.
A jury convicted Russell Levon Johnson of first-degree criminal domestic violence, and the court of appeals reversed. State v. Johnson, Op. No. 5788 (S.C. Ct. App. filed Jan. 13, 2021). We granted the State's petition for writ of certiorari to determine whether the court of appeals reversed on an unpreserved issue.
10:30 a.m. (Time Limits: 10-10-5)
2021-000941 The State, Respondent, v. Corey Jermaine Brown, Petitioner.
Appellate Defender David Alexander, of Columbia, for Petitioner. Attorney General Alan Wilson, Senior Assistant Deputy Attorney General William M. Blitch, Jr., of Columbia, and Solicitor, Eighth Judicial Circuit David M. Stumbo, of Greenwood, for Respondent.
We granted a petition for a writ of certiorari to review the decision of the court of appeals in State v. Brown, Op. No. 2021-UP-253 (S.C. Ct. App. filed July 7, 2021), which reversed the trial court's decision to grant Petitioner a new trial and remanded the case for more specific findings on the materiality of nondisclosed evidence. On appeal, we shall consider Petitioner's arguments that the court of appeals erred because he was entitled to a new trial under Brady v. Maryland, 373 U.S. 83 (1963).