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South Carolina
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Supreme Court Published Opinions - Week of 07/21/2014
7-23-2014 - Opinions

27420 - Ashley II v. PCS Nitrogen
In answering a certified question from the United States District Court for the District of South Carolina, this Court holds the rule that a contract of indemnity will not be construed to indemnify the indemnitee against losses resulting from its own negligent acts, unless such intention is expressed in clear and unequivocal terms, does not apply in the context of the underlying claim in federal court.
27421 - Weik v. State
The Court reverses and remands for a new sentencing hearing.
27422 - Ranucci v. Crain
This Court granted certiorari to review the decision of the Court of Appeals in Ranucci v. Crain, 397 S.C. 168, 723 S.E.2d 242 (Ct. App. 2012), which held the pre-litigation filing requirement for a medical malpractice case found in section 15-79-125 of the South Carolina Code incorporates only the parts of section 15-36-100 that relate to the preparation and content of an expert's affidavit. We reverse the decision of the Court of Appeals and remand the case to the circuit court as we hold that section 15-79-125(A) incorporates section 15-36-100 in its entirety.
27423 - Wilkinson v. East Cooper
In this medical malpractice case, we hold that Appellant could invoke section 15-36-100(C)(1) of the South Carolina Code, which extended the time for filing the expert witness affidavit with her Notice of Intent to File Suit ("NOI") and tolled the applicable statute of limitations. Additionally, we hold the circuit court erred in dismissing Appellant's civil action as the expert affidavit filed with the NOI satisfied the statutory requirements of section 15-36-100 and, thus, it was not necessary to file a second expert affidavit in the same civil action. Accordingly, we reverse the circuit court's order and remand the case for further proceedings.