5-15-2013 - Opinions
5131 - Proctor v. Whitlark
Whitlark & Whitlark, Inc. d/b/a Rockaways Athletic Club and Pizza Man, Forrest Whitlark, Paul Whitlark, Charlie E. Bishop, and Brett Blanks (collectively, Appellants) appeal the circuit court's order granting Lauren Proctor's motion for summary judgment, arguing the circuit court erred in finding that the South Carolina legislature has abrogated the doctrine of in pari delicto with regard to losses sustained by illegal gambling. We affirm.
5132 - State v. Lewis
Richard Brandon Lewis appeals his conviction of aiding and abetting homicide by child abuse (aiding and abetting). He argues the trial court erred in (1) failing to direct a verdict in his favor on the charge of aiding and abetting; (2) failing to charge the jury that the State had to prove Lewis had a legal duty to protect Audrina Hepburn (Victim) before a conviction of aiding and abetting could be given; (3) failing to declare a mistrial after a witness testified a statement by Lewis had "the possibility of guilt behind it"; and (4) failing to require the State to open fully on the law and the facts. We reverse.
5133 - Boykin Contracting v. Kirby
The Court of Appeals affirmed the circuit court's award of damages and prejudgment interest for electrical work performed on a bingo establishment in Columbia, South Carolina. On appeal, the Court concluded Boykin Contracting, Inc., established the requisite elements of quantum meruit. Accordingly, the Court held that Wayne Kirby, as promoter for the bingo establishment, was required to pay Boykin Contracting the reasonable value of its labor and materials.
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