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Supreme Court Published Opinions - September 2011

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.

9-6-2011 - Opinions

27037 - Skinner v. Westinghouse Electric Corporation

Westinghouse Electric Corporation appeals the Worker's Compensation Commission's reward of benefits to Thomas Skinner for his asbestosis. The Supreme Court reversed, holding Skinner only seek recovery under the general disability statutes, which require proof of lost wages. As Skinner could not prove lost wages, he does not have a compensable occupational disease.

27038 - McClurg v. Deaton

The Court affirmed the decision of the Court of Appeals.

9-12-2011 - Opinions

27039 - In the Matter of Michael James Sarratt

This is an opinion in which the Court publicly reprimands a lawyer.

27040 - In the Matter of Sean Kevin Trundy

This is an opinion in which the Court publicly reprimands a lawyer.

9-19-2011 - Opinions

27041 - Theisen v. Theisen

With respect to separate maintenance and support, the Court held that a complaint is subject to dismissal under Rule 12(b)(6), SCRCP, if it does not allege that the parties are living separate and apart.

27042 - Sandlands C&D v. County of Horry

The Court accepted the certified question from the District Court for the District of South Carolina, of whether the South Carolina Solid Waste Policy and Management Act, S.C. Code Ann. §§ 44-96-10, et. seq. (2002), preempts Horry County Ordinance 02-09 (2009), entitled "An Ordinance Regulating the County-Wide Collection and Disposal of Solid Waste Generated within Horry County and for the Prohibition of the Disposal of Solid Waste Materials in any Manner Except as Set Forth Herein; and Providing Penalties for Violation Thereof." Using federal preemption categories of express preemption, implied preemption and implied conflict preemption, the Court determined that the Solid Waste Policy and Management Act did not preempt Horry County’s ordinance regulating the flow of solid waste within the county.

27043 - State v. Jennings

9-26-2011 - Opinions

27045 - In the Matter of Richard M. Campbell

This is an opinion in which the Court definitely suspends a lawyer for one year.

27046 - Carpenter v. Burr

The Court dismissed the petition for a writ of certiorari as improvidently granted.

27047 - State v. Dickey

Petitioner appealed the court of appeals' decision affirming his conviction of voluntary manslaughter. A majority of the Court found Petitioner was entitled to a directed verdict because the State failed to disprove the elements of self-defense beyond a reasonable doubt. As a result, the Court reversed Petitioner’s conviction.