SC Court of Appeals

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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. Court of Appeals - Roster of Cases for Hearing.

 

Monday, October 3, 2022

10:00 a.m.    (Time Limits: 10-10-5)  
2019-001536    Viola M. Hackworth, as Personal Representative of the Estate of Eugene Boles a/k/a Eugene N. Boles, deceased, Respondent, v. Bayview Manor, LLC d/b/a Bayview Manor, Epic Mgt, LLC, Epic Group, Limited Partnership, Teddie Simmons, John Does, and Richard Roe Corporations, Appellants.

A. Todd Darwin, of Holcombe Bomar, PA; and A. Walker Barnes, of Boulier Thompson & Barnes, PA, both of Spartanburg, for Appellants. Kenneth Luke Connor, Christopher Caleb Connor, and Anne Katharine Moore, all of Connor & Connor LLC, of Aiken; and Allen Keith McAlister, Jr., of Hawk Law Group, of Aiken, all for Respondent.

In this wrongful death action, Viola Hackworth, as personal representative of the estate of Eugene Boles (the Estate) sued Bayview Manor, LLC, a nursing home, and several of its corporate affiliates (together, Bayview Manor), for damages under theories of negligence and recklessness. Bayview Manor moved to compel arbitration, but the motion was denied. Bayview Manor now appeals the order denying its motion to compel arbitration, or in the alternative, a non-jury trial.

10:40 a.m.    (Time Limits: 10-10-5)  
2019-001304    Phillippa Smalling, individually and as Next Friend for Jahmerican M., a minor, Appellant, v. Lisa R. Maselli, M.D., both individually and as agent/employee of Carolina OB-GYN, Respondent.

Edward L Graham, of Graham Law Firm, PA, of Pendleton, for Appellant. James Bernard Hood and John O'Connor Radeck, Jr., both of Hood Law Firm, LLC, of Charleston; and Deborah Harrison Sheffield, of Columbia, all for Respondent.

In this obstetrical malpractice case, Appellants allege Respondents mismanaged a complication Minor's vaginal birth, causing nerve injuries to Minor. Appellants challenge the circuit court's consideration and application of S.C. Code Ann. § 15-32-230, which provides a gross negligence requirement in certain emergency and obstetrical care situations.

11:20 a.m.    (Time Limits: 20-20-10)  
2019-001600    Rita Joyce Glenn, individually and as personal representative of the Estate of Thomas Harold Glenn, deceased, Respondent, v. 3M Company, f/k/a Minnesota Mining and Manufacturing Co.; Air & Liquid Systems Corporation, Individually and as Successor-In-Interest to Buffalo Pumps; Airgas USA, LLC; Aurora Pump; BW/IP Inc., a Subsidiary of Flowserve Corporation; CBS Corporation, a Delaware Corporation f/k/a Viacom, Inc., Successor By Merger to CBS Corporation, a Pennsylvania Corporation, f/k/a Westinghouse Electric Corporation; CGR Products, Inc., f/k/a Carolina Gasket and Rubber Company, Inc.; Carboline Company; Crane Co. d/b/a Crane Chempharma & Energy d/b/a Aloyco, n/k/a Crane Energy Flow Solutions; Crosby Valve, Inc.; Dana Companies, LLC; Daniel International Corporation; Fisher Controls International, LLC.; Flowserve Corporation, Individually and as Successor in Interest to Anchor/Darling Valve Company; Flowserve Corporation, Individually and as Successor to Byron Jackson Pump Company; Fluor Daniel, Inc., f/k/a Daniel Construction Company, Inc.; Fluor Daniel Services Corporation; Foster Wheeler Energy Corporation; General Electric Company; Goodyear Tire & Rubber; Goulds Pumps, Inc.; Grinnell LLC, f/k/a Grinnell Corp, f/k/a ITT Grinnell Corp., Individually and as Successor to Kennedy Valve Manufacturing Co., Inc.; Hajoca Corporation; Imo Industries, Inc., Individually and as Successor-in-Interest to De Laval Turbine, Inc.; Ingersoll Rand Company; ITT Corporation; John Crane, LLC; Linde LLC, a Delaware Limited Liability Company, formerly known as the BOC Group, Inc. and/or Airco, Inc.; MP Supply, Inc. f/k/a Mill Power Supply; Metropolitan Life Insurance Company, a wholly-owned subsidiary of MetLife Inc.; Sepco Corporation; The J.R. Clarkson Company Solely as a Successor by Merger to Anderson Greenwood & Co., f/k/a Kunkle Valve Company, Inc.; The Sherwin-Williams Company; Trane U.S. Inc., f/k/a American Standard, Inc.; United Conveyor Corporation; United Seal & Rubber Company, Inc.; Uniroyal, Inc., f/k/a United States Rubber Company, Inc.; Velan Valve Corporation; Viking Pump, Inc.; and Weir Valves & Controls USA, Inc., Individually and as Successor in Interest to Atwood & Morrill Co., Inc., Defendants. Of which, Fisher Controls International LLC, is the Appellant.

C. Mitchell Brown, Allen Mattison Bogan, and Nicholas Andrew Charles, all of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Appellant. Theile Branham McVey, of Kassel McVey, of Columbia; and Lisa White Shirley, Jessica M. Dean, and Jonathan Marshall Holder, all of Dallas, TX, all for Respondent.

In this complex asbestos case, Appellant Fisher Controls International LLC (Fisher) seeks review of the circuit court's (1) denial of Fisher's motion for a judgment notwithstanding the verdict, (2) denial of Fisher's new trial motion, (3) partial denial of Fisher's motion for setoff, and (4) imposition of discovery sanctions. Fisher argues, inter alia, that the circuit court should have instructed the jury to correct the inconsistency between their respective verdicts for the negligence and strict liability claims filed by Respondent Rita Joyce Glenn (Rita). Fisher also argues the circuit court erred by declining to grant Fisher a setoff in the full amount of Rita's settlement proceeds against the jury's damages award because (a) her allocation of the proceeds was unilateral and incomplete and (b) the circuit court failed to review the settlement documents.


Tuesday, October 4, 2022

Courtroom I

10:00 a.m.    (Time Limits: 10-10-5)  
2019-001624    Nancy Miramonti, Respondent, v. Richland County School District One, a body politic and corporate; and the Board of Commissioners of Richland County School District One, Appellants.

Eugene Hamilton Matthews, of Richardson Plowden & Robinson, PA; Kenneth Allen Davis and Charles J. Boykin, both of Boykin & Davis, LLC; and Sedeirdra Lynn Smith, all of Columbia, for Appellants. L. Cody Smith and Jessica Clancy Crowson, both of Rogers Lewis Jackson Mann & Quinn, LLC, of Columbia, for Respondent.

In this declaratory judgment action, Richland County School District One and the Richland County School District One Board (collectively, Appellants) appeal the circuit court's order finding Appellants violated the South Carolina Freedom of Information Act (FOIA) and mandating the Richland County School District One Board (the Board) publicly discuss a complaint letter it received at its next meeting. Appellants argue the circuit court erred in (1) finding Appellants violated FOIA because the Board entered an executive session to discuss the complaint letter when it did so to receive legal advice; (2) finding the Board took action in the executive session; (3) awarding Nancy Miramonti (Respondent) equitable relief because such relief was "effectively a 'Writ of Mandamus'"; and (4) making factual determinations that should have been determined by a jury.

10:40 a.m.    (Time Limits: 10-10-5)  
2019-001643    Joseph Jefferson, Employee, Respondent, v. South Carolina Department of Transportation, Employer, and South Carolina State Accident Fund, Carrier, Appellants.

John Gabriel Coggiola, of Willson Jones Carter & Baxley, P.A., of Columbia, for Appellants. Stephen J. Wukela, of Wukela Law Office, of Florence, for Respondent.

On appeal, the South Carolina Department of Transportation and the State Accident Fund (collectively, Appellants) argue the Workers' Compensation Commission erred in awarding the claimant a ten-percent penalty on the hearing award after finding Appellants did not timely pay claimant the award.

11:20 a.m.    (Time Limits: 10-10-5)  
2019-001685    NGM Insurance Company, Appellant, v. Miles Insurance Agency, Inc., Respondent.

Thomas Frank Dougall and Michal Kalwajtys, both of Dougall & Collins, of Elgin, for Appellant. Bernie W. Ellis, of Burr & Forman LLP, of Greenville, for Respondent.

In this case arising from the reformation of an insurance policy, NGM Insurance (Carrier) challenges the circuit court's grant of summary judgment to Miles Insurance (Agency). Carrier argues the circuit court erred in finding Carrier could not recover under an indemnity contract because it suffered no damages as a result of Agency's failure to make a meaningful offer of UIM coverage to the insured.


Wednesday, October 5, 2022

Courtroom I

12:00 p.m.    (Time Limits: 10-5-5-10-5)  
2019-001159    Trident Medical Center, LLC, d/b/a Trident Medical Center, Respondent, v. South Carolina Department of Health and Environmental Control and Medical University Hospital Authority d/b/a MUSC Radiation Therapy Center - Berkeley County, Respondents, Of Which, Medical University Hospital Authority d/b/a MUSC Radiation Therapy Center - Berkeley County is the Appellant.

Daniel J. Westbrook, William C. Wood, Jr., Travis Dayhuff, and Allen Mattison Bogan, all of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Appellant. Ashley Caroline Biggers and Vito Michael Wicevic, both of Columbia, for Respondent South Carolina Department of Health & Environmental Control. David Beam Summer, Jr., and William R. Thomas, both of Parker Poe Adams & Bernstein, LLP, of Columbia, for Respondent Trident Medical Center, LLC.

Trident Medical Center, LLC, d/b/a Trident Medical Center (Trident) filed this action against the South Carolina Department of Health and Environmental Control (DHEC) and Medical University Hospital Authority, d/b/a MUSC Radiation Therapy Center - Berkeley County (MUHA) with the Administrative Law Court (ALC), contesting DHEC's approval of MUHA's Certificate of Need application for a new radiation therapy center in Berkeley County. After a contested case hearing, the ALC reversed DHEC's approval and denied the application. MUHA appeals, arguing the ALC erred in (1) exceeding its statutory authority by ruling on the validity and constitutionality of MUSC Strategic Ventures (MSV) and MUSC Health Center Cancer Care Network, LLC (the Network); (2) ruling on issues that were not timely raised; (3) adjudicating the rights of nonparties; (4) determining MSV and the Network were invalid, unconstitutional, or ultra vires entities that must be dissolved; and (5) finding MUHA was not the actual licensee.

Tuesday, October 11, 2022

Courtroom I

10:40 a.m.    (Time Limits: 10-10-5)  
2019-000728    National Trust for Historic Preservation in the United States and the City of Charleston, Respondents/Appellants, v. City of North Charleston, Appellant/Respondent.

J. Brady Hair and Derk Van Raalte, IV, both of Law Ofc. of J. Brady Hair, of N. Charleston, for Appellant-Respondent. George Trenholm Walker, of Walker Gressette Freeman & Linton, LLC, of Charleston; and Anne Elizabeth Nelson, of Washington, D.C., both for Respondent-Appellant National Trust for Historic Preservation in the United States. Frances Isaac Cantwell and Daniel Simmons McQueeney, Jr., both of Charleston, for Respondent-Appellant The City of Charleston.

In this cross-appeal, the National Trust for Historic Preservation in the United States (the National Trust) and the City of Charleston (Charleston) (collectively, Respondents) appeal the circuit court's order finding they did not have standing to challenge the City of North Charleston's (North Charleston) annexation of a one-acre parcel of property (the Acre). North Charleston also appeals, arguing the circuit court erred in alternatively finding North Charleston did not properly annex the Acre pursuant to section 5-3-100 of the South Carolina Code (2004).

11:20 a.m.    (Time Limits: 10-10-5)  
2019-000903    City of Charleston, Appellant, v. City of North Charleston and Millbrook Plantation, LLC, Respondents. AND Millbrook Plantation, LLC, Plaintiff, v. City of Charleston, Defendant. AND City of Charleston, Plaintiff, v. City of North Charleston and Millbrook Plantation, LLC, Defendants.

Frances Isaac Cantwell and Daniel Simmons McQueeney, Jr., both of Charleston, for Appellant. Bruce E. Miller, of Bruce E. Miller, P.A., of Charleston, for Respondent Millbrook Plantation, LLC. J. Brady Hair and Derk Van Raalte, IV, both of Law Offices of J. Brady Hair, of N. Charleston, for Respondent City of North Charleston.

In these consolidated actions challenging annexations of real property, the City of Charleston (the City) appeals the circuit court's grant of Millbrook Plantation, LLC's motion to dismiss two actions against the City of North Charleston (North Charleston) and Millbrook, arguing the circuit court erred in (1) concluding our supreme court has declined to adopt the prior jurisdiction doctrine; (2) dismissing the City's claim because the City had standing to assert the prior jurisdiction doctrine; (3) denying standing to the City; (4) interpreting a 2017 ordinance; and (5) construing the City's allegations in a light most favorable to Millbrook.


Wednesday, October 12, 2022

Courtroom I

10:00 a.m.    (Time Limits: 10-10-5)  
2019-001665    David L. Scheer, as Personal Representative of the Estate of Matthew J. Scheer, Respondent, v. Southern Myrtle Inpatient Services, LLC, Nirlep A. Patel, M.D., and Rachel Ash-Bernal M.D., Defendants, Of which Southern Myrtle Inpatient Services, LLC is the Appellant.

Robert L. Widener, of Burr & Forman LLP, of Columbia, for Appellant. William R. Padget and Francis M. Hinson, IV, both of HHP Law Group, of Columbia, for Respondent.

Matthew Scheer was admitted to the hospital with psychosis and delusions. He checked himself out of the hospital after several hours and died a short time later. A lawsuit followed, and the jury returned a verdict against the entity employing two physicians who saw Scheer at the hospital. Here, that entity argues it owed no duty to Scheer, that there is a lack of proximate cause between Scheer's injury and the entity's alleged negligence, and that Scheer did not plead (and thus cannot pursue) part of his claim that the entity negligently trained the physicians.

10:40 a.m.    (Time Limits: 10-10-5)  
2019-001809    Compass Collegiate Academy, Inc., Appellant, v. Charleston County School District, Responde
nt.

Erik Tison Norton, of Harrell, Martin, & Peace, P.A., of Chapin, for Appellant. Susan Marie Fittipaldi and John Marshall Reagle, both of Columbia, for Respondent.


11:20 a.m.    (Time Limits: 10-10-5)  
2018-000182    Mack Washington, Jr., Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Taylor Davis Gilliam, of Columbia, for Petitioner. Senior Assistant Deputy Attorney General Megan Harrigan Jameson and Assistant Attorney General Joshua Abraham Edwards, both of Columbia, for Respondent.

 

 

In this post-conviction relief (PCR) action, Mack Washington, Jr. contends the PCR court erred in not finding trial counsel was ineffective failing to preserve the issue of an improper closing argument for direct appeal when the solicitor referred to a pattern of conduct and asked the jury "who among us is safe."

 12:00 p.m.    (Time Limits: 10-10-5)  
2019-001821    Rallis Holdings, LLC and Oriole Properties, LLC, Third Party Petitioners, In RE: Clear Skies Restoration, LLC, Plaintiff, v. Ivan Martinez and Paula A. Martinez, Defendants, of which Oriole Properties, LLC and Rallis Holdings are the Appellants, and Ivan Martinez, Paula A. Martinez, and Clear Skies Restoration, LLC are the Respondents.

A. Brooks Haselden, of Greenville, for Appellant Rallis Holdings, LLC. Bryant Sparks Caldwell, of Columbia; Matthew Todd Carroll, of Womble Bond Dickinson (US) LLP, of Columbia; and Andrew Finley Carson, of The Clardy Law Firm, PA, of Greenville, all for Appellant Oriole Properties, LLC. Anna L Bullington, of Holder, Padgett, Littlejohn & Prickett, LLC, of Greenville, for Respondents. Michael Bland Dodd, of Greenville, for Respondents Ivan Martinez and Paula Martinez. M. Stokely Holder, of Holder, Padgett, Littlejohn & Prickett, LLC, of Greenville, for Respondent Clear Skies Restoration, LLC.

This is an appeal by the winning bidders in a foreclosure sale. The master set the sale aside. The bidders argue this decision was error.

Wednesday, October 5, 2022
Courtroom II
 10:00 a.m.    (Time Limits: 10-10-5)  
2019-001391    The State, Respondent, v. Tony Orlanda Singleton, Appellant.

Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia; and Solicitor Isaac McDuffie Stone, III, of Bluffton, all for Respondent.

Tony O. Singleton appeals his conviction for criminal sexual conduct with a minor in the first degree. Singleton contends the trial court erred by (1) admitting a photograph of the victim when she was ten years old; (2) failing to grant a mistrial due to the victim's outburst during defense counsel's opening statement; (3) failing to charge the jury on third party guilt.

 
 10:40 a.m.    (Time Limits: 10-10-5)  
2019-001477    The State, Respondent, v. Brandon Jerome Clark, Appellant.

Cameron Jane Blazer, of Charleston, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General William M. Blitch, Jr., both of Columbia; and Solicitor William Walter Wilkins, III, of Greenville, all for Respondent.

Brandon Clark appeals his conviction for fist degree criminal sexual conduct with a minor. Three of the issues relate to testimony about the forensic interview and the admission of that interview into evidence. The remaining issues are whether the circuit court erred in denying Clark's motion for a directed verdict and whether the court erred in refusing to dismiss the case over an alleged Brady violation.

 
 11:20 a.m.    (Time Limits: 10-10-5)  
2019-002115    Gregory Pencille, #312332, Appellant, v. South Carolina Department of Corrections, Respondent.

Clarence Rauch Wise, of Greenwood, for Appellant. Kensey Evans, of Columbia, for Respondent.

Gregory Pencille appeals the Administrative Law Court's (ALC's) order dismissing his appeal of the South Carolina Department of Corrections' (SCDC's) determination that he was not entitled to the use of religious oils. On appeal, Pencille argues the ALC erred in (1) determining it did not have jurisdiction to review his appeal, (2) granting SCDC's motion to dismiss without any admissible evidence, (3) dismissing his appeal with prejudice, and (4) refusing to hold oral argument.