When one person sues another individual (or business, governmental entity, etc.) for an act of negligence, the burden of proof is on the party seeking legal redress for the other’s wrongful conduct. It is important for the plaintiff in such a case to be represented by an experienced, thorough, and assertive personal injury attorney so that the case may be properly investigated and prepared for trial. If successful on the merits, the plaintiff in such an action may recover compensation for lost wages, medical costs, pain and suffering, and other damages caused by the defendant’s conduct. If you are suffering due to someone else’s conduct, it is important to speak with a South Carolina injury lawyer as soon as possible.
Facts of the Case
In a recent (unreported) case, the plaintiff was a woman who sought monetary compensation for injuries she allegedly suffered during an incident with a law enforcement officer. She filed suit against the defendants, a sheriff and the county sheriff’s office, in the Richland County Circuit Court, asserting claims for negligent hiring, retention, and training of the officer (who was apparently terminated prior to the suit) and for assault and battery. The trial court granted summary judgment in favor of the defendants, and the plaintiff appealed.
Decision of the Court
The South Carolina Court of Appeals affirmed the lower court’s decision. The plaintiff argued on appeal that summary judgment was improper because there was evidence in the record that supported her claim for negligent retention. In addition, she argued the defendants were liable for the torts committed by the former employee insomuch as he was acting within the course and scope of his employment at the time in question, and because his actions were consistent within the culture of the sheriff’s office at that time.
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