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Articles Posted in Negligence

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Federal Court in South Carolina Denies Summary Judgment on Interpretation of “Liquor Liability” Insurance Policy

Everyone who drives an automobile should have liability insurance to pay medical expenses, lost wages, and pain and suffering to a passenger, motorist, or pedestrian who is injured as a result of the driver’s own negligence. Otherwise, any judgment in a negligence lawsuit brought against the driver could be collected…

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Fast Food Restaurant Owner Granted Summary Judgment After Criminal Attack on South Carolina Drive-Through Customer – Easterling v. Burger King Corporation

Those who own and operate places of business have a duty to keep their premises reasonably safe for customers and other business invitees. This includes the duty to protect guests from criminal activity in some situations. However, the burden is on the injured person to prove that the property owner acted negligently.…

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South Carolina Supreme Court Holds that Nursing Home Waived Right to Enforce Arbitration Agreement – Johnson v. Heritage Healthcare of Estill, LLC

Nursing home owners do not like jury trials. In fact, the idea of a jury comprised of everyday men and women determining whether a nursing home neglected a patient and, if so, awarding damages to a patient or the patient’s family is so distasteful to many nursing home owners that they require…

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South Carolina Court Interprets “Meeting or Overtaking” a School Bus in Car Accident Case – Singleton v. Cuthbert

Every driver should know that South Carolina state law requires a motorist to stop when he or she is meeting or overtaking a school bus with its flashing red lights activated. For obvious safety reasons, a driver is simply not allowed to pass a stopped school bus, nor is he or she…

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Federal Court in South Carolina Rules that Golf Cart Accident Was Not Covered Under Manufactured Home Insurance Policy – American Southern Home Insurance Company v. Goodale

Do you have insurance on your home? Do you know what it covers? As a recent case shows, if you have homeowner’s liability insurance, you might think you are covered for more situations than you actually are. It’s always a good idea to review your policy from time to time…

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South Carolina Federal Court Addresses Pre-Trial Evidentiary Issues in Negligence Lawsuit by Injured Worker – Quarterman v. Spirit Line Cruises, LLC

The litigation of a personal injury case can be protracted and sometimes complex. Many issues can arise, and the parties may disagree at every possible juncture. It is then up to the trial judge to decide the various pre-trial, trial, and post-trial issues that arise. A recent federal case sheds some…

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Homeowner’s Negligence Suit Against Inspector Should Not Have Been Dismissed on Summary Judgment on Timeliness Issue – McAlhany v. Carter

Negligence and personal injury lawsuits can arise in a variety of circumstances, including an accident in a home. Regardless of the location of the accident, the statute of limitations for injury cases must still be complied with. In the case of McAlhany v. Carter, the plaintiff brought suit in the…

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South Carolina Supreme Court Reinstates $900,000 Award of Damages Against Truck Manufacturer – Riley v. Ford Motor Company

It is unsettlingly common these days to hear of a large recall of cars, trucks, or SUVs, often as part of a settlement agreement between the manufacturer of the vehicles and the federal government as a result of findings that certain product defects have resulted in numerous injuries and deaths.…

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South Carolina Jury Should Have Been Instructed Concerning Lack of Presumption of Intoxication for .018% BAC in Train-Car Collision – Stephens v. CSX Transportation, Inc.

The right to a jury trial is very important to our civil justice system. That said, jury trials can be complex and lengthy because of all of the procedural safeguards that are in place to make sure that the jury, presumably made up of laymen, considers only admissible evidence and is…

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$3 Million Verdict Against Unknown Trucker Affirmed by South Carolina Appellate Court – Tucker v. Doe

Have you ever wondered what would happen if you had a car accident due to the negligence of someone else  but you had no way of identifying the negligent party? South Carolina law requires every motor vehicle owner to carry uninsured motorist (UM) insurance, which may allow you to file a…

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