Fall 2002
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FROM THE PRESIDENT Dear Colleagues: Well, fall is upon us. The cotton's been harvested and the fish have sounded. I hope all of you had better luck than me over the summer in arranging for some quality time. The practice of law today is still a rewarding experience for most of us, but it is also a jealous, demanding mistress of our time and energy. Modem technology has been both a blessing and a curse. There's no doubt technology has made the researching and processing of information faster and more efficient. At the same time, however, it has in many ways caused our lives to become more hectic and complex. Clients, adverse counsel, and the courts have higher expectations and demands on response times, project completions, and all of us having the modern technology in place in our offices. We are now faced with having to understand and deal with DSL versus ISDN lines, intranets, internal versus external faxes, voice mail, e-mail, attachments, web pages, internet searches, computerized research, cell phones, wireless internet devices, Palm Pilots, Word versus WordPerfect, and the list goes on. Heaven help us on those days when our office computer systems suddenly and for no apparent reason decide to shut down and take the day off-- I don't even have access to my calendar! In the not too distant past my biggest technical concern was figuring out how to add toner to the copy machine when working on a weekend to meet a filing deadline for a brief. Now I have to ponder what illegal operation I could possibly have performed that would cause the computer system to shut down. This technology has also in many ways increased the cost of doing business. We're all expected to be "wired" and to have the available personnel to keep all of the hardware and software working, but we are not necessarily able to recoup the increased costs in our fees and reimbursement of costs by our clients. Speaking of costs, I am sure most of you have now become aware of the recently passed legislation requiring the payment of $25.00 to be collected for virtually every motion made in the Court of Common Pleas and Family Court (S.C. Code Ann. § 8-21-320; Shearhouse Advance Sheet No. 30). The funds raised are to go directly to the State to be used exclusively by the Judicial Department and it is my understanding that these funds will be used for various purposes, including travel expenses and per diems for our judges, payment of salaries for retired judges who are still willing to serve, and the implementation of statewide mandatory mediation and arbitration. I personally have mixed emotions with regard to these mandatory fees. On the one hand I am sympathetic to the need to adequately fund our court system in light of recent state budget shortfalls; on the other hand, I have an inherent distaste for user fees being charged for access to our courts. It is going to become more and more expensive for us and our clients. Since July 1, 2002, in Charleston County, for example, there have been 1,250 motions filed subject to this $25.00 fee for a total of $31,250.00 in just three months. I also have concerns as to future fees which may be imposed now that this gate has been opened. Will the legislature in the future require that fees be paid for the increased costs of a jury trial versus a non-jury matter? It seems to me, at a minimum,the list of motions requiring the $25.00 fee needs to be redefined and Court Administration needs to clarify the requirements. Should we really have to pay a $25.00 fee for submitting a motion for jury instructions or a motion for voir dire, for example? Wherever each of you stands on this issue, it's time to make your feelings known. I would encourage you to express your feelings to Court Administration, your legislators, and your professional associations, including the members of the Charleston County Bar Association Executive Committee. Let your opinions be known. Send a fax, an e-mail, leave a voice mail! With warmest regards, I am,
Bennett, Hyman & McDaniel, LLC announces the relocation of its office to 125 Wappoo Creek Drive, Suite C, Charleston, SC 29412. Tel. 762-5750; Fax. 762-5723 * * * * DeLuca & Maucher, L.L.P. announces that Gregory A. DeLuca has become an associate of the firm located at 102 Marilyn Street, Goose Creek, SC 29445. Tel. 572-1711. * * * * The Greenwood Law Firm, LLC is pleased to announce the opening of its office in Charleston. The firm's practice areas include estate planning, entertainment law, sports law, music law, intellectual property, licensing and marketing, commercial law, and general civil litigation. Mailing address: 1333 Waterstone Lane, Charleston, SC 29414. Tel. 225-7552; Fax. 225-2885. * * * * G. Edward Hawkins, III, formerly of Query & Hawkins, P.A., is pleased to announce the opening of the Hawkins Law Firm, P.A. at 800 Wappoo Road, Charleston, SC 29407. Tel. 225-7565; Fax. 225-7585. Mr. Hawkins' practice areas include domestic law, criminal law, and general civil litigation. The Law Offices of Stanley C. Rodgers, L.L.C. has relocated to 109 Church Street, Charleston, SC 29401. Tel. 958-9881; Fax. 958-9882. * * * * The Law Offices of Stirling & O'Connell is pleased to announce that D. Ashley Pennington, formerly Charleston County Public Defender, has joined the firm, which will be hereafter known as Stirling, O'Connell & Pennington. Mr. Pennington will practice in the field of criminal defense and family law. * * * * Ten State Street, L.L.P. announces that Jennifer D. Brown has joined the firm, located at 180 East Bay Street, Charleston, SC 29401, as International Property Counsel. Tel. 937-0110; Fax. 937-4310. * * * * Office Space for Rent: 120-122 Church Street, near Broad Street. From 1000 to 2000 square feet of law offices available - law library included. Separate carriage house (2000 feet) facing Church Street. Parking available. Call Jerry at 723-6491. * * * * Office Space to Share: Space for one or two attorneys in Broad Street office suite three blocks from Judicial Center. Fax and copier available. Call Susan at 853-0022. * * * * A free-lance Paralegal/Legal Assistant firm has been formed by former members of the Charleston County Association of Legal Assistants. Paralegal Solutions, LLC is an experienced legal support firm offering quality, professional, efficient, and dependable free-lance legal assistant services to attorneys and their staff. Accepting long-term arid short-term assignments, their services include, but are not limited to, organizing files; drafting pleadings, discovery requests and responses; drafting demands; preparing medical chronologies/time-lines; summarizing depositions; organizing and indexing documents for production; interviewing clients, witnesses, and police personnel; preparing pre-trial documents, exhibits and notebooks; attendance and assistance at trial; and transcription of lengthy documents. For additional information please contact Wendy Johnston at 881-3340. TOWN OF MOUNT PLEASANT SEEKS MUNICIPAL JUDGEMunicipal Judge for the Town of Mount Pleasant. The appointment made by Town Council will be for one year. Appointee will be a part of a staff of four judges which presides over traffic and criminal courts, and jury trials as assigned by the Clerk of Court. Applicants must possess a law degree, have experience in trial law, and have flexible schedule. For compensation information, please contact the Clerk of Court at 884-6796. Send resumes to:
* * * * MESSAGE FROM JULIE J. ARMSTRONGAfter what seemed like an eternity at the "Temporary Judicial Facility," we are thrilled to be back at the Four Corners of Law. The new Judicial Center is located at 100 Broad Street behind the Historic Courthouse. The main door can be reached from Meeting or Broad Streets. There is also a passage way through the 0.T. Wallace Building. This entrance is located at the front of the County Building Annex and may be used as a drop off point. You may also use the curb next to Fast and French, which is near the covered walk that runs along the section of the Courthouse that extends out to Broad Street. The Sheriff requires that anyone entering the Judicial Center pass through a metal detector and that all packages and bags be x-rayed. Attorneys who need to meet with clients who are incarcerated and have been transported to the Judicial Center must make that request known to a Sheriffs Deputy. Various agencies are located within the Judicial Center. Circuit and Family Clerk of Court offices are located on the first floor. The Master-in-Equity is on the second floor. Probation and Parole Court Services have offices on the third floor. Probate Therapeutic Division and Marriage Licenses are on the fourth floor. The Sheriff's Civil Processing division is located on the third floor. Judge Rawl's office will remain on the third floor of the Historic Courthouse. Judge Pieper's office is located in the Judicial Center on the fourth floor. All other Circuit Court Judges have their offices on the third floor. Offices for Family Court Judges are located on the second floor. Because judges offices are located in a secure area, anyone desiring access must be allowed in and escorted by ajudge's staff. A call panel is located at the entry to the secure area on each floor for your convenience. Of the fourteen courtrooms, the Master-in-Equity will typically use Courtroom 2A, Probate will use Courtroom 4A, and Family Court will generally use the second floor courtrooms, while Circuit Court will utilize the fourth floor. Courtrooms on the third floor will be used for overflow for both Circuit and Family Court hearings. New to Charleston County is an assembly room for jury qualification which is located on the second floor. Jurors are summoned to appear at 9:00 on the first day of each term. After all of the jurors arrive, at approximately 9:30, attorneys will be allowed to enter the assembly room to view jury roll call and qualification. Also of note is that many of the courtrooms have built in electronics, such as Elmo projectors with automatic screens and VCRs There are also attorney-client meeting rooms located outside of each courtroom. For your convenience, a closed circuit television system is being installed which will allow courtroom schedules to be displayed on each floor. If you have not already done so, we invite you to come and tour the new facility. After seeing it, I am certain you will be as proud as we are of our new courthouse. Please feel free to contact me or my staff with any questions you might have. The telephone number for Circuit Court is 843-958-5000. The telephone number for Family Court remains the same 843-958-4400. * * * * For Immediate ReleaseThe Charleston County Public Defenders Office is pleased to announce that Jennifer Kneece Shealy has become Executive Director. Ms. Shealy was most recently Deputy Public Defender in York County. Rhett C. Dunaway has assumed the position of Director of Administration. Mr. Dunaway has been an attorney in the Charleston County Public Defender's Office for eight years. Michael R. Hitchcock has been named Director of Litigation. Mr. Hitchcock was most recently Counsel to the Clerk of the South Carolina Senate. Effective July 29, 2002, the Charleston County Public Defenders' new address and phone number is: O.T. Wallace County Office Building * * * * ATTORNEYS, CHARLES TOWNE TO CHARLESTON, 1663 TO 2003Attorneys, Charles Towne to Charleston, 1663 to 2003 is the title of the history presently being written by Ruth W. Cupp for the Association Publishing Company. "All attorneys at this bar are a part of its history. You can help me to record it by making available to me relevant photographs and information," said Cupp. E. Douglas Pratt-Thomas, President of the Charleston County Bar Association, and the Executive Committee have contracted with the Association Publishing Company to publish a history of the legal profession in Charleston County. Publisher John Compton is working with members of the Bar to assist in the preparation of the manuscript and collect copies of appropriate photographs. President Pratt-Thomas has appointed the following attorneys as a History Committee to facilitate Cupp's research: Benjamin Goldberg, Thomas G. Buist, Joseph H. McGee, Arthur G. Howe, Bernard Fielding, Natalie P. Bluestein, Bruce Wallace, the Honorable Richard W. Fields and J. Rutledge Young, Jr. Publication of this 65,000 word book is expected to be in 2003. **MARK YOUR CALENDARS FOR TUESDAY, FEBRUARY 18, 2003**The Charleston County Bar Annual Meeting will be held on Tuesday, February 18, 2003 at Alhambra Hall in Mt Pleasant. The Annual Meeting will begin at 6:30 p.m., followed by a barbecue and oyster roast. Again this year there will be a special meeting for new admittees to the Bar. All new Charleston County attorneys will be invited to this meeting followed by the Annual Meeting and social function. If you or your firm knows of any attorneys who have just recently passed the Bar and are practicing law in Charleston and have not already joined the Charleston County Bar please give their names to Julie Kemp at 579-7066 so that an invitation can be mailed to them. Invitations to all members of the Charleston County Bar will be mailed out in late January. * * * * * *2003 MEMBERSHIP DUES REMINDER* *The South Carolina Bar Association will be sending out 2003 dues notices very shortly. Remember to check the appropriate box on the notice and include your Charleston County Bar dues along with your State Bar dues. Charleston County Bar dues for 2003 will again be $75.00. * * * * Tifi-COUNTY PARALEGAL ASSOCIATION, INC.Our 2001-2002 Executive Committee President, Angela Grondines, agrondines@aol.com Please feel free to contact any of the Executive Board for more information about TCPA. We will be providing additional information about our organization and our promotion of the paralegal profession in future editions of the Charleston County Bar newsletter. LEGAL STAFF PROFESSIONALS OF THE LOWCOUNTRY2001-2002 Officers President - Patricia A. Schneider, PLS, of Buist, Moore, Smythe & McGee, P.A. Membership meetings are held on the third Monday of every month. Non-member guests are welcome to attend. Anyone interested in membership information should contact Stacy Burke at 723-9804. NALS ... the association for legal professionals Dedicated to enhancing the competencies and contributions of members in the legal services profession. * * * * NEED A LEGAL ASSISTANT?The Charleston Association of Legal Assistants (CALA) operates a job bank, a project developed to collect information to aid legal assistants in securing employment. There is no charge to prospective employers for this service. Prospective employers should contact the current job bank chairperson, Wendy Johnston, at 881-3340, and provide the following information:
The prospective employer should also state whether job seekers should telephone or send resumes only, and whether the prospective employer wants a notice regarding the available position placed in the CALA newsletter. Information on all known employment opportunities will be supplied to full and associate members of GALA contacting the job bank. The legal assistant will be responsible for contacting the prospective employers whose requirements most closely match his/her qualifications and interests. The job bank is a means of connecting legal assistants in the job market with prospective employers. GALA does not guarantee the qualifications of the legal assistants to whom it will be providing information regarding job openings, nor does it guarantee that interviews will be granted to the legal assistants seeking employment.
CHARLESTON COUNTY BAR ASSOCIATION
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Committee |
Chairperson/Address/E-mail |
Telephone |
Facsimile |
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Medical-Legal |
Malcolm M. Crosland, Jr. |
881-7000 |
881-8665 |
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Newsletter |
Mia Lauren Maness |
795-7800 |
795-3032 |
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Technology |
Timothy C. KuIp |
760-2450 |
767-3282 |
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Grievance |
Lydia P. Davidson |
577-2577 |
723-9951 |
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Memorials |
Francis X. McCann |
577-4242 |
723-3554 |
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Common Pleas/ |
Mark C. Joye |
554-3100 |
554-6539 |
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Family Court |
Lon H. Shull, III |
881-8886 |
881-5899 |
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CLE |
Eduardo K. Curry |
937-0101 |
937-0104 |
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Laura Johnson Evans |
724-2908 |
724-2995 |
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Real Estate |
Leonard Krawcheck |
577-2577 |
723-9951 |
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Mentor |
Robert B. Varnado |
795-7800 |
795-3032 |
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John P. Linton |
722-3366 |
720-4496 |
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CIRCUIT COURT SCHEDULE - NINTH JUDICIAL CIRCUIT
(Court schedules are changing constantly; please verify current information through S.C. Court Administration or by checking the South Carolina Judicial Department website at http://www.judicial.state.sc.us/calendar/index.cfm)
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Oct. 7 |
Oct. 14 |
Oct. 21 |
Oct. 28 |
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Chas CP - Houghston |
Chas CP - Pieper |
Chas GS - Rawl |
Chas CP - Houghston |
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Nov. 4 |
Nov. 11 |
Nov. 18 |
Nov. 25 |
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9th CPNJ - Rawl |
Chas GS - Houghston |
Chas CP - Houghston |
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Dec. 2 |
Dec. 9 |
Dec. 16 |
Dec. 23 |
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Chas CP - Pieper |
Chas GS - Pieper |
Chas CP - Pieper |
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Dec. 30 |
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CIRCUIT COURT SCHEDULE - FIRST JUDICIAL CIRCUIT
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Oct. 7 |
Oct. 14 |
Oct. 21 |
Oct. 28 |
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Dor CP - Miller |
1st CPNJ / PCR - Goodstein |
Dor CP - Goodstein |
Dor CP - Goodstein |
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Nov. 4 |
Nov. 11 |
Nov. 18 |
Nov. 25 |
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Dor CP - Goodstein |
Dor CP - Goodstein |
Dor CP - Goodstein |
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Dec. 2 |
Dec. 9 |
Dec. 16 |
Dec. 23 |
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1st CPNJ - Manning |
Dor CP - Goodstein |
Dor CP - Goodstein |
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Dec. 30 |
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FAMILY COURT SCHEDULE - NINTH JUDICIAL CIRCUIT
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Oct. 7 |
Oct. 14 |
Oct. 21 |
Oct. 28 |
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Chas - Andrews |
Chas - Andrews |
Chas - McLin |
Chas - Wylie |
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Nov. 4 |
Nov. 11 |
Nov. 18 |
Nov. 25 |
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Chas - Andrews |
Chas - Andrews |
Chas - Andrews |
Chas - Andrews |
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Dec. 2 |
Dec. 9 |
Dec. 16 |
Dec. 23 |
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Chas - Andrews |
Chas - McLin |
Chas - Andrews |
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Dec. 30 |
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FAMILY COURT SCHEDULE - FIRST JUDICIAL CIRCUIT
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Oct. 7 |
Oct. 14 |
Oct. 21 |
Oct. 28 |
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Dor - Wylie |
Dor - Smoak |
Dor - Wylie |
Dor - Wylie |
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Nov. 4 |
Nov. 11 |
Nov. 18 |
Nov. 25 |
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Dor - McLin |
Dor - Wylie |
Dor - Wylie |
Dor - Smoak |
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Dec. 2 |
Dec. 9 |
Dec. 16 |
Dec. 23 |
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Dor - Wylie |
Dor - McLin |
Dor - Wylie |
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Dec. 30 |
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CHARLESTON COIJNTY COMMON PLEAS JURY VERDICTS
(information supplied by Clerk of Court's Office)
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00-CP-10-4322 |
Myrna E. Major vs. Fennell Container Company, Inc. & Charles White Gathers |
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Attorneys: |
Plaintiff: |
Johnny F. Driggers |
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Cause of Action: |
Auto Accident |
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Verdict: |
For the Plaintiff in the amount of $10,048.00 actual damages, after a reduction of 50% for Plaintiffs own comparative negligence. |
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**** |
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00-CP-10-4408 |
Joan Lee Barra vs. John Michael Samuel and Laura Joan Barra |
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Attorneys: |
Plaintiff: |
Jonathan R. Hendrix |
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Cause of Action: |
Auto Accident |
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Verdict: |
For the Plaintiff against Defendant Laura Joan Barra in the amount of $4,306.41 actual damages; for the Defendant John Michael Samuel. |
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**** |
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00-CP-10-4540 |
Edith H. Madison vs. Ritchie Hugh Belser, Jr. |
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Attorneys: |
Plaintiff: |
Stanley C. Rodgers |
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Cause of Action: |
Auto Accident |
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Verdict: |
For the Plaintiff in the amount of $13,000.00 actual damages. |
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**** |
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00-CP-10-4761 |
Betty J. Collins vs. Lester B. Mack |
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Attorneys: |
Plaintiff: |
Gary L. Cartee |
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Cause of Action: |
Auto Accident |
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Verdict: |
For the Plaintiff in the amount of $853.50 actual damages. |
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**** |
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00-CP-10-4808 |
Aithea Wright vs. June A. Gooding |
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Attorneys: |
Plaintiff: |
Donald H. Howe |
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Cause of Action: |
Auto Accident |
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Verdict: |
For the Plaintiff in the amount of $2,250.00 actual damages. |
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**** |
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00-CP-10-4809 |
Tara Wright vs. June A. Gooding |
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Attorneys: |
Plaintiff: |
Donald H. Howe |
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Cause of Action: |
Auto Accident |
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Verdict: |
For the Plaintiff in the amount of $2,250.00 actual damages. |
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**** |
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FEDERAL COURT JURY VERDICTS
(information provided by the Clerk of Court's Office)
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2: 01-340-12 |
Melvin Cobb vs. Veterans Life Insurance Company |
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Attorneys: |
Plaintiff: |
Henry E. Grimball and Dwayne M. Green |
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Cause of Action: |
Insurance Contract |
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Verdict: |
For the Plaintiff in the amount of $95,000.00 actual damages for breach of contract, $5,000.00 actual damages for bad faith refusal to pay, and $3,000,000.00 punitive damages. |
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**** |
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2: 01-574-18 |
Yamaha Cycle Center, Inc. d/b/a Yamaha-Suzuki Sea-Doo of Charleston, Inc. and Ronald Brooks vs. Yamaha Motor Corporation, U.S.A. |
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Attorneys: |
Plaintiffs: |
Justin O'Toole Lucy and John G. Brown, II |
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Cause of Action: |
Breach of Contract |
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Verdict: |
For the Plaintiffs in the amount of $100,000.00 actual damages. |
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