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Court of Appeals Published Opinions - September 2009

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.

9-9-2009 - Opinions

4615 - McKnight v. SCDC and Just Care, Inc.

As personal representative of Brooks Leon Thomas's estate, Frederick T. McKnight filed a survival and wrongful death action against the South Carolina Department of Corrections and Just Care, Inc. after inmate Thomas committed suicide. The trial court granted Just Care's motion for summary judgment finding any deficiency in treatment was too attenuated from Thomas's death to have proximately caused it because he committed suicide over a year after his discharge. The trial court also determined Just Care did not owe Thomas a duty because he was not in Just Care's custody at the time of the suicide. McKnight appealed and we affirm.

4616 - Too Tacky Partnership v. SC DHEC

Too Tacky, Inc. appeals the circuit court's order affirming DHEC's grant of a critical area permit for the construction of a dock by neighboring landowner, Mayo Read, Jr. Too Tacky contends Read filed a false and incomplete application for the permit, did not establish ownership of the property at issue, and failed to establish any "abnormal" circumstances warranting issuance of the permit. Too Tacky further argues the circuit court did not give appropriate consideration to the impact of Read's dock on neighboring properties. We affirm.

4617 - Poch v. Bayshore Concrete Products

Thelma Poch, as the Personal Representative for the Estate of Kenneth O. Poch and Kevin and Sandra Key appeal the circuit court's order of dismissal of their causes of actions against Bayshore Concrete Products South Carolina, Inc. (Bayshore SC), and Bayshore Concrete Products Corporation, Tidewater Skanska Group, Inc., and Tidewater Skanska, Inc. (Bayshore Corp) following a finding all claims were barred by the exclusivity provision of the Workers' Compensation Act. We affirm.

9-15-2009 - Opinions

4619 - State v. Blackwell-Selim

In this criminal case from Horry County, Appellant, Nearin Blackwell-Selim, plead guilty to voluntary manslaughter in the stabbing death of her live in boyfriend K. Selim (Victim). The trial court accepted her guilty plea and subsequently held a hearing on whether Appellant had suffered a history of criminal domestic violence at the hands of Victim. The trial court found that Appellant was not entitled to early parole under S.C. Code Ann. ยง 16-25-90. Appellant appeals this decision arguing that the she presented sufficient evidence of a history of criminal domestic violence.

9-24-2009 - Opinions

4620 - State v. Odems

Kevin Cornelius Odems appeals his convictions and sentences for first-degree burglary, grand larceny, malicious injury to an electric utility system, and criminal conspiracy, arguing the trial court erred in denying his motions for directed verdict. We affirm.