4-1-2015 - Opinions
5306 - Sean Fay v. Grand Strand Regional
In this cross-appeal from a medical malpractice action, Sean Fay (Sean) argues the trial court erred in granting Dr. Richard Young's motion for a directed verdict on public policy grounds. In the appeal against Sean, Dr. Stephen Law argues the trial court erred in (1) denying his motion for a judgment notwithstanding the verdict (JNOV), (2) excluding evidence of Sean's admitted extramarital affair, and (3) refusing to enroll the judgment against him using the jury's determination of six percent negligence on his part and instead using joint and several liability. We affirm.
5307 - Ferguson v. Amerco U-Haul
In this appeal from the Workers' Compensation Commission, George Ferguson argues the Appellate Panel erred in finding he failed to carry his burden of proving: (1) eMove, Inc. was his statutory employer; (2) he was an employee of Sean Unterkoefler d/b/a United Stand Moving (Unterkoefler); and (3) Unterkoefler employed four or more employees during the relevant period, making Unterkoefler an uninsured employer subject to the Workers' Compensation Act. We affirm.
5308 - Clemmons v. Lowe's Home Centers
In this appeal from the Appellate Panel of the South Carolina Workers' Compensation Commission, Henton Clemmons contends the Appellate Panel erred in (1) proceeding with a hearing to determine his permanent disability award over his objection; (2) not finding him permanently and totally disabled due to a compensable work-related back injury; (3) not making a separate award for myelopathy as a neurological injury; (4) not making a separate award for a low back injury; and (5) assigning great weight to the medical opinion of his authorized treating physician. We affirm.
5309 - Bluffton Towne Center v. Gilleland-Prince
In this civil matter, Beth Ann Prince (Tenant) appeals the master-in-equity's order awarding Bluffton Towne Center, LLC (BTC) $35,784 in rent and late fees for Tenant's breach of a commercial lease. Tenant argues the master erred in (1) finding the lease was terminated by abandonment; (2) finding Tenant was liable for future rents under the lease; (3) considering extrinsic evidence after finding the lease unambiguous; (4) not allowing Tenant to cross-examine Paul Watson, the managing member of BTC, about specific language in the subject lease and language in two subsequent leases BTC entered into with different parties; and (5) failing to recognize the lease was ambiguous. We affirm as modified.
5310 - Rickerson v. Karl
Appellant Thomas Rickerson appeals the trial court's dismissal of his Notice of Intent to File Suit with prejudice after Rickerson failed to comply with the mandatory mediation requirement of section 15-79-125 of the South Carolina Code (Supp. 2014). We reverse the trial court's decision and remand this case.
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