Supreme Court of South Carolina

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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, January 14, 2025

9:30 a.m. (Time Limits: 15-15-5)

2023-001422

Palmetto Pointe at Peas Island Condominium Property Owners Association, Inc. and Jack Love, individually, and on behalf of all others similarly situated, Plaintiffs, v. Island Pointe, LLC; Complete Building Corporation; Tri-County Roofing, Inc.; Creekside, Inc.; American Residential Services, LLC d/b/a ARS/Rescue Rooter Charleston; Andersen Windows, Inc.; Atlantic Building Construction Services, Inc., n/k/a Atlantic Construction Services, Inc.; Builder Services Group, Inc. d/b/a Gale Contractor Services; Novus Architects, Inc., f/k/a SGM Architects, Inc.; Tallent and Sons, Inc.; WC Services, Inc.; CRG Engineering, Inc.; CertainTeed Corporation; Kelly Flooring Products, Inc, d/b/a Carpet Baggers; Cornerstone Construction and Mark Malloy d/b/a Cornerstone Construction; Miracle Siding, LLC and Wilson Lucas Sales d/b/a Miracle Siding LLC; Mark Palpoint a/k/a Micah Palpoint; Elroy Alonzo Vasquez; Chris a/k/a John Doe 61; Alderman Construction; Stanley's Vinyl Fence Designs; Cohen's Drywall Company, Inc.; Mosely Concrete; Hand A Framing Construction, LLC a/k/a H&A Framing Construction, LLC and d/b/a H and A Framing, LLC H&A Construction, and Hand A Construction; JMC Construction, Inc., JMC Construction, LLC, John Doe 1-15, Defendants, of which Palmetto Pointe at Peas Island Condominium Property Owners Association, Inc. and Jack Love, individually, and on behalf of all others similarly situated are the Respondents, and Tri-County Roofing, Inc. is the Petitioner.

Christian Stegmaier, Kelsey Jan Brudvig, Henry Dargan McMaster, Jr., Evan Markus Gessner and Michael C. Bunda, all of Collins & Lacy, P.C., of Columbia, for Petitioner. Edward D. Buckley, Jr. and Russell Grainger Hines, both of Clement Rivers, LLP, of Charleston; Justin O'Toole Lucey, Joshua Fletcher Evans, Sohayla Roudsari Townes, and Anna Scarborough McCann, all of Justin O'Toole Lucey, P.A., of Mt. Pleasant; and Stephanie D. Drawdy, of Justin O'Toole Lucey, P.A., of Summerville, all for Respondents.

We granted Petitioner Tri-County Roofing's petition for a writ of certiorari to review the court of appeals' decision in Palmetto Pointe at Peas Island Condo. Prop. Owners Ass'n, Inc. and Jack Love, individually, and on behalf of all others similarly situated v. Island Pointe, LLC, et al, No. 2019-001790 (S.C. Ct. App. filed June 28, 2023). The Court will determine whether the court of appeals erred in holding (1) Petitioner Tri-County Roofing was not entitled to a full setoff for the $1,000,000 insurance proceeds from the July 2018 mediated partial payment/covenant-not-to-execute, and (2) Petitioner Tri-County Roofing was not entitled to a full setoff for the pretrial settlements between Respondents and Novus, Atlantic, H and A, and Cohen's.


10:30 a.m. (Time Limits: 15-15-5)

2023-001880

Marvin Gipson, Respondent, v. Coffey & McKenzie, P.A., Petitioner.

Steven Smith McKenzie, of Coffey & McKenzie, P.A., of Manning, for Petitioner. Benjamin A. Dunn, II, of Ormond Dunn, of Columbia, for Respondent.

We granted Petitioner's petition for a writ of certiorari to review the court of appeals' decision in Gipson v. Williamson, Op. No. 2023-UP-324 (S.C. Ct. App. filed Oct. 4, 2023). We will consider whether the court of appeals erred in (1) finding Respondent established the applicable standard of care for his claim and (2) finding $1,516.89 collected by Petitioner for Respondent from a bank was funds from a collateral source that did not warrant a reduction in the jury's verdict.

 

Wednesday, January 15, 2025

9:30 a.m. (Time Limits: 15-15-5)

2023-001462

Rory M. Isaac and Kimberly J. Isaac, Respondents, v. Thomas C. Onions, Jacqueline Onions, Laura Kopchynski, and Lane's Professional Pest Elimination, Inc., Of Whom Laura Kopchynski is the Petitioner.

Steven Raymond Kropski, of Earhart Overstreet, LLC, of Charleston, for Petitioner. George W. Redman, III, of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A., of Myrtle Beach, for Respondents.

 

10:30 a.m. (Time Limits: 15-15-5)

2023-001388

The State, Respondent, v. Jason Bryan McSwain, Appellant.

Elizabeth Anne Franklin-Best, of Elizabeth Franklin-Best, P.C., of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Mark Reynolds Farthing, of Columbia; and Solicitor Barry Joe Barnette, of Spartanburg, for Respondent.