South Carolina Personal Injury Case Law

Please find, below, selected case laws decided by Supreme Court of South Carolina or Court of Appeals of South Carolina where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Bush v. South Carolina Dep't of Corrections - 12/8/2005
Submitted December 1, 2005 AFFIRMED In this workers' compensation action, the single commissioner determined Sandra Bush's post-traumatic stress disorder was not an injury by accident arising out of and in the scope of...

Browder v. Ross Marine - 12/8/2005
Heard November 6, 2005 AFFIRMED Ross Marine, LLC, Swygert Shipyards, Inc., Sandblasters, Inc., Arthur Swygert, Jr., Arthur Swygert, Sr., and Cathy Spieghts (hereinafter collectively referred to as "Ross Marine") appeal...

Prince v. Beaufort Memorial Hospital - 11/30/2005
Heard October 12, 2005 REVERSED AND REMANDED Danny Prince appeals the trial court's denial of several motions in conjunction with his medical malpractice case against Beaufort Memorial Hospital. We reverse and remand. ...

Cooper v. Dick Smith Motors - 11/21/2005
Submitted October 1, 2005 REVERSED Dick Smith Motors and its insurance carrier, S.C. Automobile Dealers Association (collectively "Appellants"), appeal a circuit court order reversing a decision of the Workers'...

Willis v. Grand Strand Sandwich Shop - 11/18/2005
Submitted September 1, 2005 REVERSED In this workers' compensation case, the North Carolina Guaranty Association (N.C. Guaranty) appeals the circuit court's order reversing the Appellate Panel of the South Carolina...

Owners Insurance Co. v. Salmonsen - 11/7/2005
Heard September 21, 2005 QUESTION ANSWERED We accepted this certified question to determine the meaning of the term "occurrence" in a commercial general liability insurance policy. FACTS The underlying action...

Green v. GKN Automotive - 10/26/2005
Submitted October 1, 2005 AFFIRMED Donna A. Green appeals the denial of her request for workers' compensation benefits. The single commissioner and appellate panel of the commission (the Commission) found Green failed to...

Simmons v. Mark Lift Industries - 10/24/2005
Heard April 7, 2005 CERTIFIED QUESTIONS ANSWERED We granted certification from the United States District Court of South Carolina pursuant to Rule 228, SCACR, to address the following three questions: 1. May a...

In re Allen - 10/24/2005
Submitted September 12, 2005 PUBLIC REPRIMAND The Office of Disciplinary Counsel (ODC) and respondent have entered into an Agreement for Discipline by Consent pursuant to Rule 21, RLDE, Rule 413, SCACR, in which...

State Capital Insurance Co. v. Forrest - 10/17/2005
Heard September 14, 2005 AFFIRMED State Capital Insurance Company ("State Capital") appeals a portion of a declaratory judgment finding two separate "occurrences" under the terms of a homeowner's insurance policy. Randall...

Turbeville v. Wilson - 9/12/2005
Heard June 7, 2005 AFFIRMED In this medical malpractice action, Mary Turbeville, as personal representative of the estate of Edward Turbeville, Sr., appeals the trial court's grant of summary judgment to Dr. Robert E....

Clark v. Aiken County Government & South Carolina Property - 9/12/2005
Heard June 7, 2005 AFFIRMED This is a workers' compensation case involving an award based on change of condition. The Workers' Compensation Commission found that Joseph Mark Clark, Sr. sustained a change of physical...

Brewer v. Myrtle Beach Farms Company - 8/30/2005
Heard June 17, 2005 AFFIRMED Dawn Brewer appeals the trial court's order granting summary judgment to Myrtle Beach Farms Company, Inc., doing business as the Myrtle Beach Pavilion, on her claims for negligence and...

Marcum v. Bowden - 8/29/2005
Heard May 4, 2005 REVERSED The trial court granted respondents' motion for summary judgment in appellant's wrongful death action. In this case, we are asked to determine whether a social host should be subject to liability...

David v. McLeod Regional Medical Center - 8/1/2005
Heard February 1, 2005 AFFIRMED The underlying case is a medical malpractice action. Willie Mae David (Appellant) appeals the trial court's order granting summary judgment in favor of Respondents. This case was certified...

Harris v. Palmetto Pediatric Professionals - 7/19/2005
Submitted June 1, 2005 AFFIRMED Alexander and Etta Harris, individually and as parents of Anita Harris, initiated this medical malpractice action in 1996. Following years of delay and numerous continuances, the case was...

Brunson v. Long - 7/15/2005
Heard June 17, 2005 REVERSED South Carolina Farm Bureau Insurance Company appeals a trial court's order finding Ashley Brunson's injuries were covered under the underinsured motorist provision of her mother's automobile...

Webb v. CSX Transportation - 6/20/2005
Opinion Heard December 1, 2004 AFFIRMED IN PART; REVERSED IN PART This is a railroad crossing case. Appellant/ respondent (CSX) appeals a jury verdict awarding respondent/appellant (Plaintiff) $3 million actual...

Hollingsworth v. Wehman - 6/14/2005
Submitted June 1, 2005 AFFIRMED The plaintiffs in this personal injury action appeal a defense verdict. Their first issue argues a directed verdict on the issue of negligence entitled them a plaintiff's verdict and at...

Roberts v. McNair Law Firm and Companion Commercial Ins. Co. - 6/13/2005
Opinion Submitted May 1, 2005 AFFIRMED Carol Roberts appeals the circuit court's order affirming the workers' compensation commission's decision to calculate her compensation rate without considering merit raises...

Floyd v. Floyd - 6/13/2005
Opinion Submitted May 18, 2005 AFFIRMED Laurens Floyd, Jr. (Laurens) appeals a trial judge's order awarding Anne Floyd (Anne) approximately $40,000 in attorney's fees and removing him as trustee of a charitable...

Kneece v. Babcock - 6/7/2005
Submitted May 1, 2005 AFFIRMED In this medical malpractice action, Ann M. Kneece, individually and as personal representative of Robert E. Kneece (collectively "Kneece"), appeals the circuit court's grant of summary...

Overcash v. South Carolina Electric and Gas Co. - 5/31/2005
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS Opinion Heard February 2, 2005 REVERSED AND REMANDED We granted a writ of certiorari to review the Court of Appeals' decision in Overcash v. South Carolina...

Cole v. Raut - 5/25/2005
Heard October 12, 2005 REVERSED AND REMANDED In this medical negligence action, Marty and Tracy Cole appeal from a verdict in favor of Dr. Pratibha P. Raut and her medical practice. The Coles argue the circuit court erred...

Owners Insurance Co. v. Clayton - 5/23/2005
Opinion Heard April 20, 2005 AFFIRMED This is an appeal from a circuit court order granting respondent Lands Inn and respondent Clayton summary judgment on an insurance policy coverage question, and holding Lands...

Phillips v. South Carolina State University - 5/12/2005
Submitted March 1, 2005 AFFIRMED In this product liability case, Appellants are students of South Carolina State University (SCSU) who were injured when a water heater began emanating carbon monoxide. Appellants brought...

Pittman v. Stevens - 5/9/2005
Opinion Heard March 1, 2005 AFFIRMED This case is a medical malpractice case. The jury returned a verdict for the doctor. The trial court denied the appellants' motion for a new trial on the ground the trial court's...

Martasin v. Hilton Head Health System - 5/2/2005
Heard January 13, 2005 AFFIRMED IN PART, REVERSED IN PART, AND REMANDED Donna C. Martasin (Mrs. Martasin) brought wrongful death and conscious pain and suffering claims against three physicians (and related corporate...

Guffey v. Columbia/Colleton Regional Hospital - 4/25/2005
Opinion Heard November 18, 2004 AFFIRMED Appellant commenced this wrongful death action as personal representative of her husband's estate alleging medical malpractice. She appeals a directed verdict and the...

Doe v. S.C. Department of Disabilities and Special Needs - 4/18/2005
Heard March 9, 2005 REVERSED The South Carolina Department of Disabilities and Special Needs (Department) and the State Accident Fund appeal the decision of the circuit court reversing the findings of the Appellate Panel of...

Towne v. State Farm Mutual Automobile Insurance Co. - 4/7/2005
Heard April 4, 2005 REVERSED In this civil action, Shirley Towne appeals the circuit court's grant of judgment notwithstanding the verdict (JNOV) in favor of State Farm Fire and Casualty Company, arguing the circuit court...

Bundrick v. East Richland County Public Service Dist. - 3/31/2005
Submitted February 1, 2005 AFFIRMED Don L. Bundrick and Ann R. Bundrick brought claims against East Richland County Public Service District for improper installation and maintenance of a sewer line and drainage ditch. The...

Clinton v. West American Insurance Co. - 3/28/2005
Opinion Submitted February 1, 2005 AFFIRMED Debra Clinton appeals the trial court's grant of summary judgment to West American Insurance Company, finding West American made a meaningful offer of underinsured...

Epstein v. Brown - 3/21/2005
Heard January 4, 2005 AFFIRMED We certified this case from the Court of Appeals pursuant to Rule 204(b), SCACR. The issue on appeal involves the date on which the statute of limitations (SOL) for a legal malpractice claim...

Chapman v. Upstate RV & Marine - 3/14/2005
Heard November 10, 2004 AFFIRMED John R. Chapman and his wife, Cynthia S. Chapman, brought this action seeking damages for breach of contract, breach of express and implied warranties, and revocation of acceptance. The...

Neal v. Ashleigh Place - 3/14/2005
Submitted March 1, 2005 AFFIRMED Frankie Neal, as personal representative of the estate of Francesca Neal, appeals from a grant of summary judgment in his wrongful death and survival action against Ashleigh Place, Inc.,...

Blassingame v. Mount Vernon Mills - 3/4/2005
Submitted January 1, 2005 REVERSED Mt. Vernon Mills, Inc., the Employer, appeals from the circuit court's order reversing the decision of the Appellate Panel of the Workers' Compensation Commission in which the Panel held...

Saxon v. Stokes - 2/22/2005
Submitted February 1, 2005 AFFIRMED In this medical malpractice action, we must decide whether the trial court erred in seating two jurors, one of whom identified herself as a current patient of the Respondent physician...

Milton v. Strickland - 2/17/2005
Submitted February 1, 2005 AFFIRMED In this medical malpractice action, the trial court granted Robbie Milton's motion for voluntary dismissal without prejudice. Doctors Glen F. Strickland and James D. Givens, and their...

Fields v. Regional Medical Center Orangeburg South Carolina - 2/14/2005
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS Heard January 6, 2005 AFFIRMED IN PART; REVERSED IN PART We granted the petition for a writ of certiorari to review the Court of Appeals' opinion in Fields v. Regional...

Rayfield v. LifeQuest - 2/10/2005
Submitted January 1, 2005 AFFIRMED Jadie C. Rayfield appeals the circuit court's order dismissing a rule to show cause, arguing the court erred in finding no contempt of its order prohibiting the transfer of assets by a...

Backman v. Medical University of South Carolina - 2/4/2005
Submitted February 1, 2005 AFFIRMED Appellant Sammy L. Backman filed this medical malpractice action in April 1990. By consent order dated December 5, 1990, the parties agreed that the action was "ended and discontinued...

Whaley v. CSX Transportation - 2/2/2005
Heard October 6, 2004 AFFIRMED IN PART; REVERSED IN PART; AND REMANDED Danny Whaley (Whaley), a locomotive engineer, filed a complaint against his former employer, CSX Transportation, Inc. (CSX), alleging that, due to CSX's...

State v. Green - 1/31/2005
Heard December 7, 2004 VACATED Alvin J. Green was convicted of criminal sexual conduct (CSC) with a minor in the first degree and CSC with a minor in the second degree. He contends the trial court lacked subject matter...

Cole v. South Carolina Electric & Gas - 1/31/2005
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS Heard December 1, 2004 AFFIRMED AS MODIFIED We granted a writ of certiorari to review the Court of Appeals' decision involving application of the Recreational Use Statute,...

Rife v. Hitachi Construction Machinery Co. - 1/31/2005
Heard January 11, 2005 AFFIRMED In this products liability case,Richard Rife appeals the trial court's orders granting summary judgment to Hitachi Construction Machinery Co., Ltd. (Hitachi) and American Equipment Company...

Coakley v. Horace Mann Insurance Co. - 1/24/2005
Heard November 17, 2004 AFFIRMED Respondent filed this declaratory judgment action to determine the applicability of certain automobile liability policies issued by Horace Mann Insurance Company (Horace Mann). The circuit...

Nelson v. QHG of South Carolina - 1/24/2005
Heard November 30, 2004 AFFIRMED IN PART, REVERSED IN PART Respondent/petitioner (Grandfather) appealed the circuit court's decision granting petitioners/respondents' (the Doctors') motion to dismiss on the bases res...

Clark v. South Carolina Dep't of Public Safety - 1/18/2005
Heard October 19, 2004 AFFIRMED We granted South Carolina Department of Public Safety's (the Department's) petition to review the Court of Appeals' decision in Clark v. South Carolina Dept. of Pub. Safety, 353 S.C. 291,...

In re Nwangaza - 1/10/2005
Submitted December 6, 2004 PUBLIC REPRIMAND The Office of Disciplinary Counsel (ODC) and respondent have entered into an Agreement for Discipline by Consent pursuant to Rule 21, RLDE, Rule 413, SCACR, in which respondent...

Merritt v. Merritt - 1/10/2005
Heard November 16, 2004 AFFIRMED IN PART, REVERSED IN PART, and REMANDED In this appeal arising from a divorce decree, George Todd Merritt (Husband) argues the family court erred in identifying and dividing the marital...

Knox v. Greenville Hospital System - 1/4/2005
Submitted November 1, 2004 AFFIRMED Robert and Beatrice Knox appeal the circuit court order granting summary judgment to defendant Greenville Hospital System (Hospital) on his medical negligence claim and her loss of...

In re Hart - 11/8/2004
Submitted October 8, 2004 PUBLIC REPRIMAND The Office of Disciplinary Counsel (ODC) and respondent have entered into an Agreement for Discipline by Consent pursuant to Rule 21, RLDE, Rule 413, SCACR, in which respondent...

Shadwell v. Craigie - 11/1/2004
Heard June 8, 2004 AFFIRMED IN PART, REVERSED IN PART AND REMANDED Teresa Shadwell appeals the trial court's grant of summary judgment in favor of James Craigie, M.D., and Loris Surgical Associates (collectively...

Henson v. International Paper Co. - 2/17/2004
Heard December 11, 2003 AFFIRMED This is a wrongful death action brought by Harriet Hunt against the respondent International Paper Company ("IPC") and others. The issues on appeal relate to the verdict, which Hunt...

Frame v. Resort Services Inc. - 2/2/2004
Heard January 14, 2004 REVERSED AND REMANDED Resort Services Incorporated (RSI), employer, and Fireman's Fund Insurance Company, carrier, appeal an order by the circuit court which adopted the findings of the Workers'...

Palmetto Homes - 12/23/2003
Submitted September 8, 2003 Filed December 23, 2003 Withdrawn, Substituted and Re-Filed February 19, 2004 AFFIRMED AS MODIFIED Palmetto Homes, Inc. ("Contractor") sued Philip Bradley, Chad Summerall, B&S;Masonry,...

Quigley v. Rider - 12/22/2003
Heard October 9, 2003 AFFIRMED Keith P. Quigley, individually, and Donna Quigley, individually and on behalf of her minor child, Kealy Quigley ("Kealy"), brought this medical malpractice suit against John A. Rider, M.D. and...

Schmidt v. Courtney - 12/22/2003
Heard December 9, 2003 REVERSED and REMANDED Wayne Schmidt (Schmidt) and Terri J. Schmidt initiated a negligence action against Michael Courtney for injuries Schmidt sustained when he was struck in the head by a golf ball...

Green v. Fritz - 12/15/2003
Submitted November 3, 2002 REVERSED Mildred Green sued Jason Fritz to recover damages for bodily injuries suffered during an automobile accident. The jury returned a verdict for Green in the amount of $1,500.00 in actual...

G & P Trucking v. Parks Auto Sales Service & Salvage - 12/8/2003
Heard November 4, 2003 REVERSED In this action for contribution arising from a prior negligence claim, the trial court awarded damages to G&P;Trucking against Parks Auto Sales, Service, & Salvage, Inc., in the...

In re Chandler - 11/3/2003
Heard October 9, 2003 DISBARRED This attorney disciplinary matter consolidates multiple matters. After a hearing, the Panel recommended Respondent be disbarred. We agree with the Panel, and disbar the Respondent from the...

In re Atwater - 9/15/2003
Submitted July 14, 2003 PUBLIC REPRIMAND In this attorney disciplinary matter, respondent and the Office of Disciplinary Counsel have entered into an Agreement for Discipline by Consent pursuant to Rule 21, RLDE, Rule 413,...

In re Rogol - 9/15/2003
Submitted August 8, 2003 PUBLIC REPRIMAND Respondent and Disciplinary Counsel have entered into an agreement pursuant to Rule 21, RLDE, Rule 413, SCACR, in which respondent admits misconduct and agrees to accept an...

Daves v. Cleary - 6/16/2003
Heard April 8, 2003 AFFIRMED In this medical malpractice case, the physician appeals from a jury verdict in favor of the patient. The physician alleges the circuit court judge erred in (1) failing to give requested...

Brown v. Bi-Lo - 6/9/2003
ON WRIT OF CERTIORARI TO THE COURT OFAPPEALS Heard October 9, 2002 REVERSED We granted a writ of certiorari to review the Court of Appeals' decision in Brown v. Bi-Lo, Inc., 341 S.C. 611, 535 S.E.2d 445 (Ct. App....

Haselden v. Davis - 3/24/2003
ON WRIT OF CERTIORARI TO THE COURT OFAPPEALS Heard April 2, 2002 AFFIRMED We granted a writ of certiorari to review the Court of Appeals' opinion in Haselden v. Davis, 341 S.C. 486, 534 S.E.2d 295 (Ct. App. 2000). We...

In re Day - 11/4/2002
Heard September 17, 2002 PUBLIC REPRIMAND á This is an attorney disciplinary matter.á After a hearing, the Commission on Lawyer Conduct concluded respondent committed misconduct and recommended a public reprimand.á Neither...

Mizell v. Glover - 9/3/2002
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS Heard February 21, 2002 AFFIRMED IN PART; REVERSED IN PART. Judy and John Mizell ("Mizells") appeal the Court of Appeals' decision affirming the jury's verdict for the...

Tommy L. Griffin Plumbing & Heating - 6/27/2002
Heard May 7, 2002 AFFIRMED Tommy L. Griffin Plumbing and Heating Co. (Griffin) brought this action seeking to recover money damages from Jordan, Jones & Goulding, Inc. (JJ&G; for professional negligence and breach...

Ex parte Dep't of Health and Environmental Control - 6/17/2002
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS Heard March 6, 2002 REVERSED IN PART; AFFIRMED AS MODIFIED IN PART This Court granted the Department of Health and Environmental Control's ("DHEC") petition for certiorari...

In re DePew - 6/17/2002
Submitted May 17, 2002 PUBLIC REPRIMAND In this attorney disciplinary matter, respondent and Disciplinary Counsel have entered into an Agreement for Discipline by Consent pursuant to Rule 21, RLDE, Rule 413, SCACR. In the...

Antley v. Nobel Insurance Company - 6/10/2002
Heard December 4, 2001 AFFIRMED Francis Clark Antley brought this declaratory judgment action to determine his right to recover uninsured motorist (UM) benefits under a policy issued to his employer by Nobel Insurance...

Stewart v. Richland Memorial Hospital - 6/3/2002
Heard May 7, 2002 AFFIRMED James Stewart brought this negligence action against Richland Memorial Hospital (RMH) alleging the nurse on duty breached the professional standard of care by removing his restraints and failing...

Sellers v. Pinedale Residential Center - 6/3/2002
Heard January 10, 2002 AFFIRMED Pinedale Residential Center and Hartford Accident & Indemnity (collectively "Employer") appeal the order of the Workers' Compensation Commission adjusting Jarrod Sellers' average weekly...

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