January 2016
Directed Verdict
The Court clarified “the framework of a court's inquiry in determining whether substantial circumstantial evidence exists to require the denial of a directed verdict.” The Court opined “in ruling on a directed verdict motion where the State relies on circumstantial evidence, the court must determine whether the evidence presented is sufficient to allow a reasonable juror to find the defendant guilty beyond a reasonable doubt.”
State v. Bennett, Op. No. 27600 (S.C. Sup. Ct. filed January 6, 2016) (Shearouse Adv. Sh. No. 1 at 16).
August 2015
Statute of Limitations
The insanity tolling provision in S.C. Code Section 15-3-40 does not apply in medical malpractice actions.
Sims v. Amisub of SC, Op. No. 27561 (S.C. Sup. Ct. filed August 12, 2015) (Shearouse Adv. Sh. No. 31 at 22).
April 2015
Mandatory Mediation
The purpose of the mandatory mediation requirement of S.C. Code Section 15-79-125 is to foster the settlement of potentially meritorious claims and to discourage the filing of frivolous claims; therefore, a technical noncompliance with the statute, without bad faith, should not result in the dismissal of the case with prejudice.
Rickerson v. Karl, Op. No. 5310 (S.C. Ct. App. filed April 1, 2015) (Shearouse Adv. Sh. No. 13 at 72).
September 2014
Missing Witness Rule
A party’s invocation of the missing witness rule should be limited to fact witnesses and should not be applied to opinion witnesses, particularly psychiatric experts. The S.C. Supreme Court reiterated the fact that witnesses must be under the control of the party failing to call them (e.g. an agent, employee, relation or associate).
In the Matter of the Care and Treatment of Gonzalez, Op. No. 27443 (S.C. Sup. Ct. filed September 3, 2014) (Shearouse Adv. Sh. No. 35 at 31).
May 2014
Jurisdiction
It is inappropriate for courts to review the decisions of school administrators and school districts regarding how a student’s grade point average and class rank should be calculated, except on allegations of corruption, bad faith or a clear abuse of power.
Palms v. School District of Greenville, Op. No. 5237 (S.C. Ct. App. filed May 30, 2014) (Shearouse Adv. Sh. No. 22 at 76).
February 2014
Jurisdiction
A failure to comply with the nonclaim statute would not divest either the probate court or the circuit court of subject matter jurisdiction with respect to issues arising out of the probate of an estate.
Beach First National Bank v. Estate of Gurnham, Op. No. 27360 (S.C. Sup. Ct. filed February 26, 2014) (Shearouse Adv. Sh. No. 8 at 64).
Jury trial waivers
The S.C. Supreme Court took the opportunity to modify the proper analysis for determining the trial of legal and equitable issues in complaints and counterclaims. See Wachovia Bank v. Blackburn, Op. No. 27359 (S.C. Sup. Ct. filed February 26, 2014) (Shearouse Adv. Sh. No. 8 at 59).
Wachovia Bank v. Blackburn, Op. No. 27359 (S.C. Sup. Ct. filed February 26, 2014) (Shearouse Adv. Sh. No. 8 at 53).
January 2014
Service of process
An insurance policy that provides for a method of service of process, other than that set forth in S.C. Code Section 15-9-270, is valid and binding on insurers.
White Oak Manor, Inc. v. Lexington Insurance Co., Op. No. 27351 (S.C. Sup. Ct. filed January 15, 2014) (Shearouse Adv. Sh. No. 2 at 77).