Collins & Lacy, P.C. is pleased to announce that its attorney, Robert Peele, III, has been promoted to Special Counsel and leader of the Professional Liability Practice group at the firm. Peele is experienced defending civil litigation claims and has tried cases in state court for claims involving liability for personal injuries and death. In… Continue Reading
Voting Absentee in South Carolina in the 2020 Election
In a year that has seen significant change in the way that we shop local stores, dine out at restaurants, and even the way that our children attend school, it’s no surprise that voting in this year’s election looks a lot different here in South Carolina. The biggest change in the November 3, 2020 general… Continue Reading
Defending Coffee Burn Claims
America is coffee addicted. That fact is plainly evident by the sheer numbers of food service establishments and other retailers selling and serving it. Of course, with more coffee being served, the greater the chances are for customer claims involving accidents, including alleged coffee burns. Within recent years, we have defended many such claims. We… Continue Reading
Limitations on Punitive Damages Limits
In a published 2-1 opinion, the South Carolina Court of Appeals recently held that where a national corporation failed to assert the punitive damages caps articulated in Section 15-32-530 as an affirmative defense, the defense was waived. As a result, the Court of Appeal upheld a 45:1 ratio punitive damages to compensatory damages award. In… Continue Reading
Application of Intervening and Superseding Act in Negligence Cases as a Basis for Summary Judgment
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… 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
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
- « Previous Page
- 1
- 2
- 3
- 4
- …
- 6
- Next Page »
