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Court of Appeals Published Opinions - October 2002

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.

10-7-2002 - Opinions

3554 - Corbin v. Kohler

This is a Workers' Compensation case. The issues are trifurcated: (1) whether the plaintiff contracted silicosis at his workplace; (2) whether the plaintiff is totally and permanently disabled; and (3) whether the employer is entitled to a set-off for benefits paid to claimant under a salary continuation plan.

3555 - Cowan v. Allstate

Can an insurance company deny coverage based on a violation of a cooperation clause when neither the insured nor the innocent victim provide notice of a lawsuit until after judgment is entered?

10-28-2002 - Opinions

3556 - Lee v. Thermal Engineering

Cross appeals from the trial court's award of unpaid commissions, pre-judgment interest and attorney fees to Lee, and the denial of Lee's request for punitive damages.

3557 - Marietta Garage v. SC Department of Public Safety

This appeal involves an action for damages allegedly sustained by Marietta Garage as a result of the removal by the South Carolina Department of Public Safety of Marietta's name from a wrecker rotation list.

3558 - Binkley v. Burry

This is a legal malpractice action arising from the defendant's alleged failure to disclose the existence of an easement. The trial court held the lawsuit was barred by the statute of limitations. On appeal, the plaintiffs contend (1) the trial judge made rulings that conflicted with a previous order by another trial judge in the case and (2) there were issues of material fact that would preclude the grant of summary judgment.

3559 - State v. Follin

Dale F. Follin was convicted of aiding and abetting embezzlement, conspiracy, and obtaining goods and services by false pretenses. Follin argues on appeal that the trial court: (1) lacked subject matter jurisdiction; (2) punished her for exercising her right to a jury trial; (3) erred in denying her motion for judgment notwithstanding the verdict and motion in arrest of judgment as to the charges of criminal conspiracy, aiding and abetting embezzlement, and obtaining goods and services by false pretenses; and (4) erred in denying her motion for directed verdict as to the charges of criminal conspiracy, aiding and abetting embezzlement, and obtaining goods and services by false pretenses.

3560 - State v. Guthrie

Guthrie was convicted of first degree burglary. The first degree burglary indictment presented to the grand jury was based on the aggravating factor of unlawfully entering a dwelling during the nighttime hours. At the beginning of trial, the State moved to amend the indictment to include an additional aggravating factor of two or more prior burglaries. The court concluded that the circuit court lacked subject matter jurisdiction because the amendment to the indictment added an additional element of aggravation not presented to the grand jury.

3561 - Baril v. Aiken Regional Medical Centers

This is an action by Marolyn L. Baril for breach of employment contract against Aiken Regional Medical Centers. Baril was terminated for allegedly misusing the hospital's toll-free telephone number for personal use. The telephone call lasted thirty-two seconds. The hospital contends Baril's employment status was at-will and the hospital could terminate this employment relationship at any time with or without reason.