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Court of Appeals Published Opinions - September 2001

Note: Beginning in June 2012, opinions will be posted as Adobe PDFs. You can download a free copy of Adobe Reader here.

The summary following each opinion is prepared to offer lawyers and the public a general overview of what a particular opinion decides. The summary is not necessarily a full description of the issues discussed in an opinion.

9-4-2001 - Opinions

3382 - Cox v. Woodmen of the World

Code Ann. § 15-48-10(b)(4) (Supp. 2000) "reverse pre-empts" the Federal Arbitration Act through the McCarran-Ferguson Act and whether § 15-48-10(b)(4) applies to fraternal benefits associations.

3383 - State v. LaCoste

This criminal appeal from convictions of resisting arrest, disorderly conduct, and assault involves the issues of whether the trial court erred in (1) refusing to grant a directed verdict on the indicted charges, (2) excluding the hearsay statements of an unknown declarant, (3) refusing to give a full and complete charge on the right to resist an illegal arrest, and (4) charging simple assault as a lesser included offense of criminal domestic violence.

9-10-2001 - Opinions

3384 - Carrigg v. Cannon

This case examines the issue of privity between a sheriff and his deputy for purposes of applying collateral and judicial estoppel in a civil action against the sheriff following the deputy's guilty plea to reckless driving

3385 - Cothran v. Brown

This case discusses whether a defendant can be judicially estopped from litigating the issue of comparative negligence in the subsequent civil suit based on his guilty plea to the criminal charge arising from the same incident.

3386 - Bray v. Marathon Corporation

This case involves the application of the "bystander" requirements of an action for negligent infliction of emotional distress under Kinard v. Augusta Sash and Door Co., 286 S.C. 579,336 S.E.2d 465 (1985), to a products liability action.

3387 - State v. Brannon

This appeal involves the issue of whether a consent to search a vehicle was voluntarily given where the driver was immediately detained and handcuffed.

3388 - Lowcountry Open Land v. Atkins

Case affirming master's order finding Lowcountry Open Land Trust owns marshland in fee on which James Atkins cannot build a dock without permission.

9-17-2001 - Opinions

3263 - S.C. Farm Bureau v. S.E.C.U.R.E. Underwriters and Ralph Garrison

This insurance appeal involves issues of: (1) coverage for damage caused by a personal pet on business premises; and (2) primary versus excess coverage.

3389 - Nelson v. Taylor

A physical therapist is not qualified as a medical expert to testify as to causation.

3390 - McKeown v. Charleston County Board of Zoning Appeal

County zoning ordinance which prohibited businesses from selling beer and alcoholic beverages within 500 feet of residential areas did not criminalize or directly conflict with the Department of Revenue's licensing provisions for issuing beer and wine sales permits.

9-24-2001 - Opinions

3343 - Langehans v. Smith

This is an action to foreclose on a real estate mortgage dealing with issues of equitable subrogation.