Justice KITTREDGE. In this workers' compensation case, we granted a petition for a writ of certiorari to review the decision of the court of appeals in Shatto v. McLeod Regional Medical Center, 394 S.C. 552 , 716 S.E.2d 446 (Ct.App.2011). This case presents the familiar tension in the workers' compensation arena in distinguishing between an employee and an independent contractor. Petitioner Mildred H. Shatto sought workers' compensation benefits, claiming she was an employee of...
Chief Justice TOAL. Hard Hat Workforce Solutions, LLC (Hard Hat) appeals the circuit court order granting summary judgment in favor of Great American Insurance Company (GAI). Hard Hat argues it is entitled to make a claim against a payment bond GAI issued on a construction project. This Court certified this case for review pursuant to Rule 204(b), SCACR. We reverse. FACTUAL/PROCEDURAL HISTORY This action arises out of the construction of a new high school in York County (the project)....
PER CURIAM. In this attorney disciplinary matter, the Office of Disciplinary Counsel (ODC) and respondent have entered into an Agreement for Discipline by Consent (Agreement) pursuant to Rule 21 of the Rules for Lawyer Disciplinary Enforcement (RLDE) contained in Rule 413 of the South Carolina Appellate Court Rules (SCACR). In the Agreement, respondent admits misconduct and consents to the imposition of a public reprimand or definite suspension not to exceed nine (9) months. He further agrees...
PER CURIAM. After careful consideration of the Appendix and briefs, the writ of certiorari is DISMISSED AS IMPROVIDENTLY GRANTED.
Justice BEATTY. The resolution of this case involves an interpretation of a narrow portion of our opinion in Austin v. Stokes-Craven Holding Corp., 387 S.C. 22 , 691 S.E.2d 135 (2010). Specifically, the consolidated appeals are the result of a dispute over the Court's holding concerning Donald C. Austin's entitlement to trial fees under the South Carolina Regulation of Manufacturers, Distributors, and Dealers Act 1 (the "Dealer's Act") and whether this Court's denial of Austin's motion...
Chief Justice TOAL. This case is before the Court in its original jurisdiction. The State and the South Carolina Department of Revenue (DOR) 1 (collectively, Petitioners) request this Court declare a proposed tax referendum invalid under the Capital Project Sales Tax Act, sections 4-10-300 to -380 of the South Carolina Code (the Act), 2 and enjoin the County of Florence, Florence County Council, and Florence County Registration and Elections Commission (the Commission) 3 (collectively,...
JUSTICE PLEICONES. Appellant was convicted of kidnapping and murdering Samuel Sturrup (victim). The jury found two aggravating circumstances, kidnapping 1 and physical torture, 2 and recommended a death sentence. The judge sentenced appellant to death for the murder, and imposed no sentence for the kidnapping. On appeal, appellant contends the trial court erred in permitting his attorney to call a defense psychiatrist to testify regarding appellant's right to represent himself and in denying...
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(D)(2), SCACR. PER CURIAM. We granted certiorari to review the court of appeals' reversal of the circuit court's dismissal of this case. We now dismiss the writ as improvidently granted. DISMISSED AS IMPROVIDENTLY GRANTED TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur.
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(D)(2), SCACR. PER CURIAM. We granted certiorari to review the court of appeals' reversal of the circuit court's dismissal of this case. We now dismiss the writ as improvidently granted. DISMISSED AS IMPROVIDENTLY GRANTED TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur.
PER CURIAM. We granted a writ of certiorari to review the court of appeals' decision in Trask v. Beaufort County, 392 S.C. 560 , 709 S.E.2d 536 (Ct.App.2011). We now dismiss the writ as improvidently granted. DISMISSED AS IMPROVIDENTLY GRANTED. TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur.
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR. PER CURIAM. We granted the State's petition for a writ of certiorari to review the grant of Respondent's application for post-conviction relief (PCR). We now dismiss the writ as improvidently granted. DISMISSED AS IMPROVIDENTLY GRANTED. TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur.
PER CURIAM. The Georgia Supreme Court disbarred respondent from the practice of law after respondent pled guilty to eleven misdemeanors, ten of which involved smuggling contraband to a client in jail. In the Matter of Jones, 293 Ga. 264, 744 S.E.2d 6 (2013). The Office of Disciplinary Counsel (ODC) subsequently notified this Court of respondent's disbarment. Pursuant to Rule 29(b), RLDE, Rule 413, SCACR, the Clerk of the Supreme Court provided ODC and respondent with thirty days in which...
Justice HEARN. In this case we must decide whether a pastor may use the First Amendment's Free Exercise Clause to shield him from tort liability for allegedly defamatory statements he made about the church's trustees at a congregational meeting. While the pastor acknowledges the non-religious nature of his statements, he contends the setting in which they were made and their relationship to church governance places the trustees' defamation claim outside the jurisdiction of civil courts under...
Justice BEATTY. Samuel W. Rhodes ("Rhodes") and Piedmont Promotions, Inc. ("Piedmont") sued Marion L. Eadon, d/b/a C & B Fabrication, 1 for damages arising out of the faulty construction of three outdoor advertising billboard signs after one of the signs fell across Interstate 77. A Fairfield County jury returned a verdict for actual and punitive damages in favor of Rhodes ("the tort action"). At the time of the tort action, Eadon's two corporations, C & B Fabrications, Inc. and Low Country...
Justice BEATTY. In a matter of first impression, the Court is asked to determine if an unsuccessful party in an arbitration proceeding may prevent the confirmation of an award by paying the award prior to the confirmation proceeding. The answer is no. Diane Henderson ("Henderson") filed an action against Summerville Ford-Mercury, Inc. ("Dealer") alleging Dealer made misrepresentations to Henderson when she purchased a used vehicle. The circuit court granted Dealer's motion to compel...
Chief Justice TOAL. Ervin C. Gamble (Petitioner) challenges his conviction for heroin trafficking. We reverse. FACTUAL/PROCEDURAL HISTORY On September 28, 2008, the Horry County Grand Jury indicted Petitioner for "attempt to distribute heroin" and "trafficking in heroin," in violation of sections 44-53-110 and -370 of the South Carolina Code, respectively. 1 However, at trial, the State elected to proceed only on the indictment charging Petitioner with trafficking, explaining that this...
Justice HEARN. Carl Aten, Jr. appeals the circuit court's order finding him personally liable for torts he committed as a member of a limited liability company (LLC). Although this case poses the novel question of whether the Uniform Limited Liability Company Act (LLC Act) shields an LLC member from personal liability from his own torts, we save that discussion for another day and find Aten has committed no actionable tort. We therefore reverse the portion of the circuit court's order which...
Justice BEATTY. Kenneth Poch ("Poch") and Kevin Key ("Key") were temporary workers contracted through Personnel Resources of Georgia, Inc. ("Personnel Resources") and Carolina Staffing, Inc. d/b/a Job Place of Conway ("Job Place"), to work for Bayshore Concrete Products/South Carolina, Inc. ("Bayshore SC") to clean up a concrete casting worksite and dismantle equipment used to produce concrete forms. As a result of a tragic, work-related accident, Poch was killed and Key was injured. Poch's...
PER CURIAM: In this attorney disciplinary matter, respondent and the Office of Disciplinary Counsel have entered into an Agreement for Discipline by Consent (Agreement) pursuant to Rule 21 of the Rules for Lawyer Disciplinary Enforcement (RLDE) contained in Rule 413 of the South Carolina Appellate Court Rules (SCACR). In the Agreement, respondent admits misconduct and consents to the imposition of a definite suspension of nine months to three years, with conditions. Respondent requests that...
CERTIFIED QUESTION Justice HEARN. Brought in federal district court on claims arising from offensive odors migrating from a landfill onto the plaintiffs' properties, this case comes to this Court for the resolution of several issues of law. The certified questions herein require us to delve into the gray areas of common law, environmental torts. Specifically, we consider the measure of damages for trespass and nuisance claims, the requirement that a physical, tangible invasion occur for a...
