At Fried Goldberg LLC, we are committed to helping victims of truck accidents get justice. We also provide resources for attorneys on strategies and techniques that can help them win cases. That’s why we closely monitor court rulings – it’s important for us to be aware of any changes that could impact trucking litigation.
Here’s a summary of major court decisions and case law updates in South Carolina for 2024.
SOUTH CAROLINA TORT CLAIMS ACT
Reckless infliction of emotional distress, the same as intentional infliction of emotional distress, is not an actionable claim under the SCTCA. Gore v. Dorchester County Sheriff’s Office, 442 S.C. 438, 900 S.E.2d 423 (2024).
UNDERINSURED MOTORIST COVERAGE
When there is no physical contact between a vehicle and a John Doe vehicle, the claimant is required to have an affidavit from a witness attesting to the involvement of the John Doe vehicle in causing the incident in order to have a claim against his uninsured motorist coverage, but the affidavit does not have to be filed with the complaint. Rice v. John Doe, 442 S.C. 160, 898 S.E.2d 127 (2024)
NEGLIGENCE, INTERNAL POLICIES
Internal policy of senior living center to check on residents each day did not create duty to check on resident each day absent some knowledge of facility that resident had some condition or issue that warranted a check. Estate of Parrott v. Sandpiper Independent and Assisted Living-Delaware, LLC, 443 S.C. 405, 904 S.E.2d 455 (2024).
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