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April 2018



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, April 17, 2018
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 15-15-5)
2016-001291    McGuinn Construction Management, Inc., Respondent, v. Saul Espino and Mara Espino, Petitioners. And Saul Espino and Mara Espino, Petitioners, v. Gates Commons, LLC, S. Wade McGuinn, Individually, and Town of Lexington, Defendants, Of whom Town of Lexington is the Respondent.

Blake A. Hewitt, of Bluestein Thompson Sullivan, LLC, of Columbia and Andrew A. Aun, of Aun & McKay, PA, of Irmo, for Petitioners. S. Jahue Moore and John C. Bradley, Jr., both of Moore Taylor Law Firm, PA, of West Columbia and Andrew F. Lindemann, of Davidson & Lindemann, PA, of Columbia, for Respondents.

The Court reviews the court of appeals' decision in McGuinn Construction Management, Inc. v. Espino, Op. No. 2016-UP-138 (S.C. Ct. App. filed Mar. 23, 2016).

10:00 a.m.           (Time Limits: 10-10-5)
2016-001934    The State, Respondent, v. James Simmons, Jr., Petitioner.

Appellate Defender Susan Barber Hackett, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent.

The Court reviews the court of appeals' decision in State v. Simmons, Op. No. 2016-UP-182 (S.C. Ct. App. filed Apr. 20, 2016).

Wednesday, April 18, 2018
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 15-15-5)
2016-001937    Charles Gary, Petitioner, v. Hattie M. Askew, Will Outlaw, and Deboria Outlaw, individually and d/b/a Low Country Medical Transport, Low Country Medical Transport, Inc., Eugene A. Kirkland, and American Medical Response, Inc. (d/b/a Access2Care), Defendants. Of Whom American Medical Response, Inc. (d/b/a Access2Care) is the Respondent.

Joseph Dawson, III, of North Charleston, for Petitioner. Robert H. Hood and Robert Holmes Hood, Jr., both of Hood Law Firm, LLC, of Charleston; C. Mitchell Brown and Brian Patrick Crotty, both of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Respondent.

The Court reviews the court of appeals' decision in Gary v. Askew, 417 S.C. 232, 789 S.E.2d 94 (Ct. App. 2016), where the court held Respondent American Medical Response, Inc. did not owe a nondelegable duty to Petitioner Charles Gary under the terms of its contract with the South Carolina Department of Health and Human Services or on public policy grounds.

10:00 a.m.           (Time Limits: 15-15-5)
2017-001607    The State, Petitioner-Respondent, v. Shannon Scott, Respondent-Petitioner.

Attorney General Alan M. Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody J. Brown, Assistant Attorney General Alphonso Simon, Jr., Solicitor Daniel E. Johnson and Assistant Solicitor April Woodard Sampson, all of Columbia, for Petitioner-Respondent. Chief Appellate Defender Robert M. Dudek, of Columbia, for Respondent-Petitioner.

In this appeal, Shannon Scott asks us to affirm his grant of immunity from prosecution and civil action under subsection 16-11-450(A) of the South Carolina Code. The State argues the grant of immunity was improper because Scott is not entitled to the presumption in subsection 16-11-440(A) or the presumption in subsection 16-11-440(C).

10:30 a.m.           (Time Limits: 15-10-15-10)
2015-001915    Sierra Club, Respondent, v. South Carolina Department of Health and Environmental Control and Chem-Nuclear Systems, LLC, Defendants, of whom Chem-Nuclear Systems, LLC is Petitioner, and South Carolina Department of Health and Environmental Control is Respondent.

Stephen P. Groves, Mary D. Shahid and Sara S. Rogers, all of Nexsen Pruet, LLC, of Charleston, for Petitioner. Amy E. Armstrong, of Pawleys Island, Robert Guild, of Columbia and Jacquelyn S. Dickman and Claire H. Prince, both of Columbia, for Respondents.

This appeal stems from the administrative law court's (ALC) decision to uphold the South Carolina Department of Health and Environmental Control's (DHEC) renewal of the license under which Chem-Nuclear Systems, LLC operates a disposal facility for low-level radioactive waste. The court of appeals affirmed the ALC as to all issues, except four subsections of the regulation governing DHEC's issuance and renewal of such licenses. Sierra Club v. S.C. Dep't of Health & Envtl. Control, 414 S.C. 581, 779 S.E.2d 805 (Ct. App. 2015). This Court granted Chem-Nuclear's petition for a writ of certiorari to review the court of appeals' decision.

Thursday, April 19, 2018
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 15-15-5)
2016-002124    Coastal Federal Credit Union, Respondent, v. Angel Latoria Brown, Petitioner.

Matthew M. Billingsley and J. Edwin McDonnell, both of South Carolina Legal Services, of North Charleston, for Petitioner. David P. Nanney, Jr., and Sarah Dalonzo-Baker, both of Kirschbaum Nanney Keenan & Griffin, PA, of Raleigh, for Respondent.

The Court reviews the court of appeals decision in Coastal Federal Credit Union v. Brown, 417 S.C. 544, 790 S.E.2d 417 (Ct. App. 2016).

10:00 a.m.           (Time Limits: 15-15-5)
2016-001941    Hector G. Fragosa, Claimant, Petitioner, v. Kade Construction, LLC, Employer, and Key Risk Insurance Company of S.C., Carrier, Defendants, Respondents.

Stephen Benjamin Samuels, of Samuels Law Firm, LLC, of Columbia, and Jeffrey Christopher Chandler, of Chandler Law Firm, of Myrtle Beach, for Petitioner. Michael W. Burkett and John Gabriel Coggiola, both of Willson Jones Carter & Baxley, P.A., of Columbia, for Respondents.

In this appeal, Petitioner Hector Fragosa contends the court of appeals erred in affirming the South Carolina Workers' Compensation Commission Appellate Panel's order finding that Fragosa's brain injury was not of sufficient severity to entitle him to lifetime benefits.

10:30 a.m.           (Time Limits: 15-15-5)
2017-002083    In the Matter of John B. Kern, Respondent.

Disciplinary Counsel John Nichols and Assistant Disciplinary Counsel Joe P. Turner, both of Columbia, for the Office of Disciplinary Counsel. John B. Kern, of Republic of San Marino, pro se Respondent.

This is an attorney disciplinary matter.