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Court of Appeals Published Opinions - December 2005

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.

12-12-2005 - Opinions

4054 - Cooke v. Palmetto Health Alliance

This is an appeal from the order of the circuit court, finding John E. Cooke was not a statutory employee of Palmetto Health Alliance when he was injured. Because of this ruling, the circuit court found Cooke's negligence action and his wife's loss of consortium action were not barred by the exclusive remedy provision of the Workers' Compensation Act. We affirm.

4055 - Aiken v. World Finance Corporation of South Carolina

World Finance Corporation of South Carolina and World Acceptance Corporation appeal the circuit court's order denying their motion to compel arbitration.

4056 - Jackson v. City of Abbeville

This case presents the issue of whether a probable cause to arrest determination, for purposes of a civil tort action, must be based on the actual charges in the underlying criminal prosecution, or whether consideration of uncharged offenses is appropriate.

4057 - Southern Glass & Plastics Co. v. Duke

Southern Glass & Plastics Co. instituted an action against Angela Duke, one of its former employees, seeking to recover money it alleges she distributed without authorization. Angela denied the allegation and asserted numerous counterclaims. The trial court granted summary judgment for Southern Glass on Angela's defenses of waiver and estoppel, and on her counterclaims for outrage, abuse of process, and wrongful termination. The trial court also granted partial summary judgment on Angela's counterclaim for defamation. Angela appeals from this order, and we affirm in part and reverse in part.

4058 - State v. Williams

Concludes that an individual placed under arrest is entitled to have the jury charged that he has a limited right to resist the use of excessive force on the part of the arresting officer, even if the arrest itself is lawful.

4059 - Simpson v. World Finance Corporation of South Carolina

World Finance Corporation of South Carolina and World Acceptance Corporation appeal the circuit court's order denying their motion to compel arbitration.

12-19-2005 - Opinions

4060 - State v. Compton

Concludes that a "plea" agreement between prosecution and Compton did not grant Compton immunity from prosecution and, additionally, affirms the trial court's admission of evidence about statements made by Compton.

4061 - Doe v. Howe

John Doe appeals the grant of summary judgment in his action for legal malpractice and breach of fiduciary duty.

4062 - In The Matter of Betsy M. Campbell

This appeal stems from a probate court action in which Daughter sought to have herself appointed as conservator of Mother's assets. After appointing two doctors to examine Mother's capacity to handle her own affairs, the probate court denied Daughter's request to be appointed conservator. Daughter appealed to the circuit court, which set the order aside, finding the doctors who examined Mother were not disinterested. We affirm.

4063 - Doe v. ATC, Inc.

This is a negligent supervision case presenting the issue of whether an employer had adequate notice of its need to exercise control over an employee who sexually assaulted a disabled female passenger on a bus.

4064 - Peek v. Spartanburg Regional Healthcare System

This is an appeal from an order of the trial court enjoining Spartanburg Regional Healthcare System from terminating the staff privileges of anesthesiologist Sharon Peek until the merits of her case can be adjudicated.

4065 - Levine v. Spartanburg Regional Services District

This is an appeal from an order of the trial court enjoining Spartanburg Regional Services District, Inc. (the Hosptial) and Foothills Anesthesia Consultants, P.C. from terminating the privileges of anesthesiologist Beth Ellen Levine until the merits of her case can be adjudicated.