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March 2015



The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.

Tuesday, March 3, 2015
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 15-15-5)
2013-001345    Gregory W. Smith and Stephanie Smith, Respondents, v. D.R. Horton, Inc., Tom's Vinyl Siding, LLC, Lutzen Construction, Inc., Boozer Lumber Company, All American Roofing, Inc., Myers Landscaping, Inc., Defendants, Of whom D.R. Horton, Inc. is the Petitioner.

Matthew Kinard Johnson and W. Kyle Dillard, both of Ogletree Deakins Nash Smoak & Stewart, PC, of Greenville, for Petitioner. Phillip Ward Segui, Jr. of Segui Law Firm, of Mt. Pleasant, John T. Chakeris, of Chakeris Law Firm, of Charleston and Michael A. Timbes, of Thurmond Kirchner Timbes & Yelverton, PA, of Charleston, for Respondents.

The Court granted certiorari to review the court of appeals' decision in Smith v. D.R. Horton, Inc., 403 S.C. 10, 742 S.E.2d 37 (Ct. App. 2013). The case deals with the enforceability of an arbitration agreement.

10:00 a.m.           (Time Limits: 10-10-5)
2012-212544    The State, Petitioner, v. Daniel J. Jenkins, Respondent.

Attorney General Alan Wilson, Assistant Attorney General Mark R. Farthing, of Columbia and Solicitor Scarlett A. Wilson, of Charleston, for Petitioner. Appellate Defender Kathrine H. Hudgins, of Columbia, for Respondent.

The Court granted the petition for a writ of certiorari to review the Court of Appeals' decision in State v. Jenkins, 398 S.C. 215, 727 S.E.2d 761 (Ct. App. 2012). The issues in this petition relate to the admissibility of DNA test results and the sufficiency of the search warrant affidavit in support of the search warrant.

10:30 a.m.           (Time Limits: 10-10-5)
2013-001263    W. H. Bundy, Jr., Respondent, v. Bobby Brent Shirley, Petitioner.

John W. Wells, of Baxley Pratt & Wells, of Lugoff, for Petitioner. Michael Brent McDonald, of Smith Bundy Bybee & Barnett, PC, of Mount Pleasant, for Respondent.

The Court granted the petition for a writ of certiorari to review the decision of the Court of Appeals in Bundy v. Shirley, Op. No. 2013-UP-153 (S.C. Ct. App. filed May 8, 2013), which reversed the special referee's determination that Petitioner was entitled to a prescriptive easement on Respondent's property.

Wednesday, March 4, 2015
Supreme Court Courtroom

10:00 a.m.           (Time Limits: 10-10-5)
2013-001571    The State, Petitioner, v. Richard Lewis, Respondent.

Attorney General Alan Wilson and Senior Assistant Deputy Attorney General Salley W. Elliott, both of Columbia and Solicitor David Matthew Stumbo, of Greenwood, for Petitioner. C. Rauch Wise, of Greenwood, for Respondent.

The Court granted certiorari in this aiding and abetting homicide by child abuse case to review the court of appeals' decision in State v. Lewis, 403 S.C. 345, 743 S.E.2d 124 (Ct. App. 2013). The issue is whether the court of appeals erred by reversing the trial court's denial of Lewis's directed verdict motion because there was sufficient evidence of an overt act for the case to go to the jury.

10:30 a.m.           (Time Limits: 10-10-5)
2013-002027    The State, Petitioner, v. Brittany Johnson, Respondent.

Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Brendan Jackson McDonald, all of Columbia and Solicitor Jimmy A. Richardson, II, of Conway, all for Petitioner. Appellate Defender Benjamin John Tripp, of Columbia, for Respondent.

Petitioner the State of South Carolina argues that the court of appeals erred in reversing the trial court's admission of Respondent Brittany Johnson's statement to police because the trial court determined as a factual matter that Johnson did not invoke her right to counsel; Johnson's statement was freely, knowingly, and voluntarily tendered; and Johnson was not being interrogated when she invoked her right to counsel. In the alternative, the State argues that Johnson was not prejudiced by the admission of the evidence.

11:00 a.m.           (Time Limits: 10-10-5)
2013-001973    The State, Respondent, v. Gregory Wright, Petitioner.

Appellate Defender Robert M. Pachak, of Columbia, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent.

The Court granted the petition for a writ of certiorari to review the Court of Appeals' decision in State v. Wright, Op. No. 2013-UP-326 (S.C. Sup. Ct. filed July 17, 2013), which affirmed the denial of Wright's directed verdict motion.

Thursday, March 5, 2015
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2012-213425    Gregory A. Collins (Deceased),Employee,Claimant, Respondent, v. Seko Charlotte and Nationwide Mutual Ins. Co., Petitioners, v. West Expedited & Delivery Service, Inc., Defendant, v. Seko Worldwide and Federal Ins. Co., Defendants, v. Uninsured Employers Fund, Respondent.

Weston Adams, III and Helen F. Hiser, both of McAngus, Goudelock & Courie, LLC, of Columbia, for Petitioners. Timothy B. Killen, of Columbia, for Respondent.

The Court granted certiorari to review the Court of Appeals' decision in Collins v. Charlotte, 400 S.C. 50, 732 S.E.2d 630 (Ct. App. 2012), wherein the court reversed the decision of the full Workers' Compensation Commission and found that Collins was a statutory employee of Seko. Seko, Petitioner, contends the Court of Appeals erred because there was no contractual relationship between West Expedited and Seko, Collins does not meet the statutory employee test, the opinion does not advance the statutory employment doctrine, and the court employed an improper analysis.

10:00 a.m.           (Time Limits: 10-10-5)
2013-001970    The State, Respondent, v. Lexie Dial, III, Petitioner.

H. Wayne Floyd, of West Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General Christina Catoe Bigelow, both of Columbia, for Respondent.

The Court granted certiorari to review the court of appeals' decision in State v. Dial, 405 S.C. 247, 746 S.E.2d 495 (Ct. App. 2013).

10:30 a.m.           (Time Limits: 10-10-5)
2014-002498    In the Matter of William Joseph Cutchin, Respondent.

Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel Julie Kay Martino, both of Columbia, for the Office of Disciplinary Counsel. William Joseph Cutchin, of Mt. Pleasant, pro se Respondent.

This is an attorney discipline matter.

Tuesday, March 17, 2015
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 15-15-5)
2013-001332    Diane Bass and Otis Bass, Individually and as Parents and Guardians of Alex B., a minor under the age of ten (10) years, and Hanna B., a minor under the age of ten (10) years, Petitioners, v. South Carolina Department of Social Services, Respondent.

John K. Koon and Jamie L. Walters, both of of Koon & Cook, PA, of Columbia and Lee Deer Cope, of Peters Murdaugh Parker Eltzroth & Detrick, PA, of Hampton, for Petitioners. Patrick John Frawley, of Davis Frawley, LLC, of Lexington, for Respondent.

In this appeal, Petitioners contend that the court of appeals erred (1) in finding that the opinion of Petitioners' expert did not have a sufficient evidentiary basis; (2) in reversing the trial court's decision denying Respondent DSS's motion for JNOV on the basis that there was no evidence in the record that DSS failed to act with slight care; and (3) in failing to consider the appropriate time period regarding the trial court's allocation of damages for the outrage claim.

10:00 a.m.           (Time Limits: 15-15-5)
2013-001599    Loida Colonna, Petitioner, v. Marlboro Park Hospital, Employer, and Gallagher Bassett Services, Inc., Carrier, Respondents.

Stephen B. Samuels, Samuels Law Firm, LLC, of Columbia, for Petitioner. Weston Adams, III and Helen F. Hiser, both of McAngus Goudelock & Courie, both of Columbia, for Respondent.

The Court granted certiorari to review the Court of Appeals decision in Colonna v. Marlboro Park Hosp., 404 S.C. 537, 745 S.E.2d 128 (Ct. App. 2013).

10:30 a.m.           (Time Limits: 15-15-5)
2013-000133    Willie Homer Stephens, Guardian ad Litem for Lillian C., a minor, Petitioner, v. CSX Transportation, Inc. and South Carolina Department of Transportation, Respondents.

John E. Parker, J. Paul Detrick, Grahame E. Holmes and Matthew V. Creech, all of Peters, Murdaugh, Parker, Eltzroth & Detrick, P.A., of Hampton and Carl H. Jacobson, of Uricchio, Howe, Krell, Jacobson, Toporek, Theos & Keith, P.A., of Charleston, for Petitioner. Ronald K. Wray, II and Thomas Vanderbloemen, both of Gallivan, White & Boyd, P.A., of Greenville, James W. Purcell, of Fulcher Hagler, LLP, of Augusta, Georgia and Jonathan P. Harmon, of McGuire Woods, LLP, of Richmond, Virginia, Andrew F. Lindemann, of Davidson & Lindemann, P.A., of Columbia and Peden B. McLeod, of McLeod, Fraser & Cone, of Walterboro, for Respondents.

The Court granted the petition for a writ of certiorari to review the decision of the Court of Appeals in Stephens v. CSX Transp., Inc., 400 S.C. 503, 735 S.E.2d 505 (Ct. App. 2012), which affirmed a defense verdict in a personal injury action involving a collision between a train and an automobile at a railroad crossing.

Wednesday, March 18, 2015
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 15-15-5)
2013-001521    Town of Arcadia Lakes, Robert L. Jackson, Linda Z. Jackson, Robert E. Williams, Barbara S. Williams, Elizabeth M. Walker, Louis E. Spradlin, Thomas Hutto Utsey, Tony Sinclair, Aaron Small, Bette Small, Gene F. Starr, M.D., Elaine J. Starr, Sanford T. Marcus, Ruth L. Marcus, and Steven Brown, Petitioners, v. South Carolina Department of Health and Environmental Control and Roper Pond, LLC, Respondents.

Amy E. Armstrong, of South Carolina Environmental Law Project, of Pawleys Island, for Petitioners. Jacquelyn S. Dickman and Stephen P. Hightower, both of Columbia and W. Thomas Lavender, Jr. and Joan W. Hartley, both of Nexsen Pruet, LLC, of Columbia, for Respondents. James Blanding Holman, IV, of Southern Environmental Law Center, for Amicus Curiae South Carolina Wildlife Federation.

In this appeal from the Administrative Law Court, the Court reviews the decision of the court of appeals in Town of Arcadia Lakes v. S.C. Dep't of Health & Envtl. Control, 404 S.C. 515, 745 S.E.2d 385 (Ct. App. 2013).

10:00 a.m.           (Time Limits: 15-15-5)
2013-000678    Michael Cunningham, Respondent/Petitioner, v. Anderson County, Petitioner/Respondent.

William W. Wilkins and Kirsten E. Small, both of Nexsen Pruet, LLC, of Greenville, for Petitioner/Respondent. John S. Nichols, of Bluestein, Nichols, Thompson & Delgado, LLC, of Columbia and Brian P. Murphy, of Stephenson & Murphy, LLC, of Greenville, for Respondent/Petitioner.

The Court granted cross-petitions for certiorari to review the court of appeals' opinion in Cunningham v. Anderson County, 402 S.C. 434 741 S.E.2d 545 (Ct. App. 2013), which affirmed the grant of summary judgment on Michael Cunningham's breach of contract and Payment of Wages Act claims and reversed the grant of summary judgment on his claim for wrongful discharge.

10:30 a.m.           (Time Limits: 15-15-5)
2013-001706    MicroClean Technology, Inc., Respondent, v. Envirofix, Inc., Petitioner.

Robert Ernest Sumner, IV and Trudy Hartzog Robertson, both of Moore & Van Allen, PLLC, of Charleston, for Petitioner. Terry A. Finger, of Finger & Fraser, PA, of Hilton Head Island, for Respondent.

The Court granted certiorari to review the court of appeals' decision in MicroClean Technology, Inc. v. EnviroFix, Inc., 404 S.C. 207, 744 S.E.2d 210 (2013). Petitioner argues that the court of appeals erred in: (1) failing to apply the proper standard of review in reversing the trial court's finding regarding a notice of termination of a license agreement; and (2) failing to apply the proper standard of review in reversing the trial court's finding regarding whether a security deposit was intended to serve as liquidated damages.

Cases to be Submitted Without Oral Argument

Eunice McCall, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Susan Barber Hackett, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Megan Elizabeth Harrigan, both of Columbia, for Respondent.

Christopher B. Anderson, Petitioner, v. State of South Carolina, Respondent.

Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Karen Christine Ratigan, both of Columbia, for Respondent.