Supreme Court of South Carolina

 

Event Date and Time:  Thursday, October 18, 2018 at 9:30 AM

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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.

Thursday, October 18, 2018

09:30 a.m. 2018-000395   Gerard E. Ziegler; Brenda Barrington III; James Stephen Greene, Jr.; William A. Harbeson; David Messinger; South Carolina Public Interest Foundation; and Dorchester County Taxpayers Association, individually, and on behalf of all others similarly situated, Appellants, v. Dorchester County; Dorchester County Council; Charles D. Chinnis, George H. Bailey, Sr., Jay Byars, Willie R. Davis, Carroll S. Duncan, Larry Hargett and William R. Hearn, Jr., in their official capacities as members of Dorchester County Council, Respondents.

W. Andrew Gowder, Jr., of Austen & Gowder LLC, of Charleston and Michael T. Rose, of Mike Rose Law Firm, PC, of Summerville, for Appellants. Steve A. Matthews, of Haynsworth Sinkler Boyd, P.A., of Columbia, for Respondents.

This appeal is before the Court pursuant to Rule 203 of the South Carolina Appellate Court Rules. The Court reviews the circuit court's dismissal of Appellants' complaint.

10:00 a.m.  2017-000727   The State, Respondent, v. Jalann Lee Williams, Petitioner.

Chief Appellate Defender Robert M. Dudek, of Columbia, for Petitioner. Attorney General Alan Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General Melody J. Brown and Assistant Attorney General Sherrie Butterbaugh, all of Columbia and Solicitor Scarlett Wilson, of Charleston, for Respondent.

Jalann Lee Williams was convicted of murder and possession of a weapon during the commission of a violent crime. The court of appeals affirmed. State v. Williams, Op. No. 2017-UP-015 (S.C. Ct. App. filed Jan. 11, 2017). The Court issued a writ of certiorari to address whether the trial court erred in refusing to charge the jury on self-defense.

10:30 a.m. 2017-002146   Ex Parte: Hartford Fire Insurance Company, Hartford Casualty Insurance Company, National Fire & Marine Insurance Company, Bitco General Insurance Corporation, Selective Insurance Company of South Carolina, and Nationwide Mutual Insurance Company f/k/a Harleysville Insurance Company, Appellants, In Re: The Harbour Cove Condominium Association, Plaintiff, v. Centex Homes, a Nevada General Partnership, Centex Construction Company, Inc., Centex Construction, LLC, Centex-Rooney Construction Co., Inc., Centex-Rodgers, Inc., Right Way Group Inc., RWG, Inc., RWGR, Inc., South Carolina State Plastering, LLC, Georgia State Plastering, LLC, Florida State Plastering, LLC Coastal Drywall, Inc., d/b/a Coastal Plaster Systems, Lundy Dowell d/b/a Coastal Plaster Systems, Martin Masonry, Inc., Roof Doctor of the Carolinas, Inc., Richard Blackwell d/b/a Synthetic Designs, Ferst Plastering, Inc., a/k/a Ferst Exteriors, Inc., Coastal Tinting, Inc., BR Brick & Masonry, Inc., Model Home Interiors, Inc., Gary Hunnell d/b/a Grand Strand Roofing, Steven Bosch d/b/a The Roofer Man, Frank Harris d/b/a Frank Harris Construction, Carl Williamson d/b/a Williamson Construction & Waterproofing, Stock Building Supply, LLC, f/k/a Stock Building Supply, Inc., and Morningstar Consultants, Inc., Defendants, Of whom The Harbour Cove Condominium Association, is the Respondent.

Mark S. Barrow, Everett A. Kendall, II, and Christy E. Mahon, all of Sweeny, Wingate & Barrow, P.A., of Columbia, Steven M. Klepper, of Kramon & Graham, P.A., of Baltimore, Maryland, John L. McCants, of Rogers Lewis Jackson Mann & Quinn, LLC, of Columbia, Lawrence M. Hunter, Jr., of Hunter & Foster, P.A., of Greenville, Robert C. Calamari, of Nelson Mullins Riley & Scarborough, LLP, of Myrtle Beach, for Appellants. Phillip W. Segui, Jr. and Amanda M. Blundy, both of Segui Law Firm, PC, of Mt. Pleasant, John T. Chakeris and M. Abigail Young, both of The Chakeris Law Firm, of Charleston and Shaun W. Cranford, of Cranford Law, of Columbia, for Respondent.

The Court considers the trial court's denial of an insurer's motion to intervene in a construction defect suit.

11:00 a.m. 2017-002538   Wilmot Shaw, Plaintiff, v. Psychemedics Corporation, Defendant.

Donald Gist and Aaron Wallace, both of Gist Law Firm, PA, of Columbia, for Plaintiff. S. Michael Nail and Matthew K. Johnson, both of Ogletree, Deakins, Nash, Smoak & Stewart, of Greenville; and Michael Clarkson, of Ogletree, Deakins, Nash, Smoak & Stewart, pro hac vice of Boston, MA, for Defendant.

The United States District Court for the District of South Carolina asks this Court to determine, under South Carolina law, whether a drug testing laboratory that has a contract with an employer to conduct and evaluate drug tests owe a duty of care to the employees who are subject to the testing so as to give rise to a cause of action for negligence for failure to properly and accurately perform the test and report the results.

Wednesday, October 24, 2018

11:00 a.m.

The Supreme Court Historical Society Ceremony