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
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
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
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
SC Workers’ Comp: Form Updates
The South Carolina Workers’ Compensation Commission has updated four of the Commission’s standard forms. Form 50-Employee’s Notice of Claim and/or Hearing RequestThe Employee must now note whether he/she admits to being at MMI. The form is also more clear on whether the Form 50 is being used for filing a claim or for requesting a… Continue Reading
Just in Time for the New Year: 2019 SC Max Comp Rate Announced
On December 17, 2018, the Full Commission approved the maximum compensation rate for 2019 at $845.74 for injuries arising on and after January 1, 2019. The Commission established the maximum compensation rate based on two thirds of the certified average weekly wage as reported by the South Carolina from July 1, 2017 through June 30,… Continue Reading
Act Now to Reduce Risk During Hurricane Florence: Urgent Information for the Retail and Hospitality Industries in South Carolina
Parts of South Carolina are in the forecast path of Hurricane Florence. If you are in the path and work in the retail and hospitality industries, now is the time to act in order to reduce the risk of claims during the storm. Do not attempt to capitalize on a crisis by raising… Continue Reading
S.C. Supreme Court Clarifies Successor Liability Standard
Court holds plaintiffs must prove three types of commonality Liability of a successor entity under South Carolina’s “mere continuation” rule continues to require commonality of ownership. However, the door may have been opened for successor liability in the absence of commonality of in the future. In Nationwide Mutual Insurance Company v. Eagle Window & Door,… Continue Reading
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