Most personal injury actions in South Carolina sound in negligence. In a negligence action, the plaintiff must prove proximately-caused damages. Hurd v. Williamsburg Cty., 363 S.C. 421, 611 S.E.2d 488 (2005); Rush v. Blanchard, 310 S.C. 375, 426 S.E.2d 802 (1993). Proximate cause requires proof of both causation in fact and legal cause. Oliver v.… Continue Reading
Pursuit of Summary Judgment in Vicarious Liability Claims Premised Upon Intentional Act of an Employee Criminal In Nature
Here’s the scenario: An employee commits an intentional act that is criminal in nature while on the clock. A third party is injured by this act. The employer is sued based on a theory of vicarious liability. The act was not in the course and scope of employment, nor was it done in furtherance of… Continue Reading
On Missing Insured in South Carolina
Attorneys here at Collins & Lacy act as defense counsel. That means we represent individuals and businesses who have been sued. More often than you may think, we have a hard time finding a person who is being sued. Last week, the South Carolina Bar’s Ethics Advisory Committee issued Ethics Advisory Opinion 2019 19-04, discussing an… Continue Reading
Collins & Lacy Attorney Reappointed as Vice Chair of the DRI Retail and Hospitality Committee
Collins & Lacy attorney Christian Stegmaier has been reappointed as Vice Chair of the DRI Retail and Hospitality Committee. This is his second term. Stegmaier is a member of the Collins & Lacy Management Committee, as well as chair of the firm’s Retail & Hospitality Practice Group. He defends national and regional leaders in the… Continue Reading
FDA approval could impact workers’ compensation: Generic form of Lyrica significantly reduces medical exposure
On July 22, 2019, the FDA announced approval for a generic version of Lyrica, a popular drug for nerve pain. The patent for Lyrica expired on June 19, 2019. Lyrica currently costs roughly $9 a pill, while the generic version costs about 57 cents per pill. This drastically reduces prescription medication exposure in workers’ compensation claims… Continue Reading
Collins & Lacy Attorneys Recognized by Peers
The 2020 edition of The Best Lawyers in America includes six Collins & Lacy attorneys. Ellen M. Adams+ Workers’ Compensation Law – Employers Andrew N. Cole+ Construction Law Joel W. Collins+ Criminal Defense: White-Collar+ Professional Malpractice Law – Defendants Peter H. Dworjanyn+ Insurance Law+ Litigation – Insurance+ Workers’ Compensation Law – Employers Joseph S. McCue+… Continue Reading
New S.C. Supreme Court Ruling Affects the Statute of Limitations for a Change of Condition and Allows the Commission to Unilaterally Schedule Hearings
Earlier this week the South Carolina Supreme Court affirmed the Court of Appeals decision in Tucker v. S.C. Dept. of Transportation, Opinion No. 27906 (July 24, 2019). Filing a Form 50, Notice of Claim, within the year after the last payment of compensation will preserve the Claimant’s right to assert a change of condition. The… Continue Reading
S.C. Association of County Attorneys
Click the links below to download materials from the 2019 SCACA Conference. SUNDAY, August 4, 2019 Joanie Winters (Winters Law Firm) – “Discrimination Standards” Ned Nicholson (Burr & Forman) – “The 2017 AIA Construction Contracts Update: More Fun than Tax Law” (handout) E. Tyler Smith & Ray Jones (Parker Poe) – Opportunity Zones Amelia Furr… Continue Reading
No “Free Bite” – South Carolina’s Strict Liability for Dog Bites and Attacks
Sometimes man’s best friend is not so friendly. Other times a dog may be overly friendly or playful and cause an injury by jumping or pouncing. In either case, the alleged victim is going to turn to South Carolina’s “dog attack” statute, codified in S.C. Code Ann. § 47-3-110, which provides, in part: If a… Continue Reading
Keep Calm and Investigate: Top 10 Tips for Documenting Accidents at Your Business
This infographic was derived from an article published by attorney Amy Neuschafer. For more detailed information, read the article — Keep Calm and Investigate: Top 10 Tips for Documenting Accidents at Your Business. This information is not legal advice for any specific situation.
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