E-Blast Archive Issue

Welcome to the South Carolina Bar's E-Blast! February 3, 2011
E-Blast highlights upcoming activities, legal information and links to the Bar's website at

The So
uth Carolina Bar is dedicated to advancing justice, professionalism and understanding of the law. 

In case you missed it
The February issue of S.C. Bar News was distributed via e-mail January 31. The current issue, as well as a PDF version and description of tips and features, is available on the Bar's website at

Judicial election results
Judicial elections were held on Wednesday, February 2. Congratulations to the following judges: Court of Appeals, Seat 1, Hon. Paul E. Short Jr., Chester; Seat 2, Hon. H. Bruce Williams, Columbia; Circuit Court, 5th Judicial Circuit, Seat 1, Hon. DeAndrea Gist Benjamin, Columbia; 13th Judicial Circuit, Seat 2, Hon. Letitia H. Verdin, Greenville; At Large, Seat 9, Stephanie Pendarvis McDonald, Charleston; Family Court, 9th Judicial Circuit, Seat 1, Daniel E. Martin Jr.

Judicial vacancies
The Judicial Merit Selection Commission is currently accepting applications for Family Court, Fourth Judicial Circuit, Seat 2; Family Court, 13th Judicial Circuit, Seat 3; Family Court, 14th Judicial Circuit, Seat 3; Master-in-Equity, Aiken County; and Master-in-Equity, Dorchester County. Correspondence and questions should be directed to the Judicial Merit Selection Commission: Jane O. Shuler, Chief Counsel, P.O. Box 142, Columbia, SC 29202. (803) 212-6629. The Commission will not accept applications after noon on Tuesday, March 8. For more details on the application process, view the complete media release from the Commission.

Pro Bono Award winners announced
Congratulations to Alex Paterra of The Paterra Law Firm, LLC in Greenville and Christopher Genovese of Nelson Mullins in Columbia for being named the S.C. Bar 2011 Pro Bono Award winners for their contributions to meeting the civil legal needs of citizens who cannot afford the services of an attorney. The recipients will be recognized at the Bar Foundation Gala on March 3 at the Columbia Metropolitan Convention Center. For more information, click here. In addition, the Pro Bono Program is pleased to announce the 2010 Honor Roll of Attorneys: Jamie Ackermannn, A. Elliott Barrow Jr., Nikole H. Boland, George W. Branstiter, Barbara E. Brunson, Amy E. Burke, Sharon B. Clark, Matthew E. Cox, John K. DeLoache, Delores A. Ditty, Walter G. Dusky, Jill W. Fennel, Margaret M. Fox, Gary M. Frazier, Nicolas L. Haigler, Carson M. Henderson, Stephen J. Henry, Robert L. Kilgo Jr., Michele R. Krize, Hon. Jack A. Landis, Minka J. Lanier, Gail Lovell, Kenneth R. Nagle, Nancy L. Olah, Catherine D. Perry, Angela D. Rayl, Jennifer W. Rubin, Hon. John M. Rucker, April W. Sampson, Barbara M. Seymour, Kenneth N. Shaw, Derek A. Shoemake, Sam M. Slade Jr., Wesley A. Stoddard, Charles L.A. Terreni, Larry L. Vanderbilt, Robin F. Wheeler, Seth W. Whitaker, Elizabeth P. White and Robert K. Whitney. These attorneys have volunteered their time in pro bono and public service activities throughout the year. The success of the Pro Bono Program and Law Related Education efforts would not be possible without the efforts of our Bar members. Thanks to all the volunteers!

Chief Justice delivers presentation
On January 27, Chief Justice Jean Hoefer Toal delivered a presentation to the S.C. House Ways and Means Subcommittee. To view the presentation, click here.

Guest speaker at USC School of Law
The USC School of Law is hosting a speaking event and book signing for Yusef Poole, author of the book Road to Barrister: An Urban Monologue - A Lawyer's Nontraditional Story and Guide to Success. The event will be held Thursday, February 24, at 5:30 p.m. in room 135 at the USC School of Law. For more information, contact Danielle Holley-Walker at (803) 777-6209 or
2010-11 Desk Books on sale!
The 2010-11 printed edition of the Lawyers Desk Book is now available at a discounted price of $15, plus applicable sales tax. Order additional copies at Order now while supplies last!

Legislative report
Don't forget to check out tomorrow's Weekly Legislative Report! Updates will be posted every Friday throughout the legislative session.

Cinderella Project accepting donations
The Young Lawyers Division is collecting gently worn formal gowns, shoes and accessories for socially and economically disadvantaged high school students without the resources to purchase these items for the prom. Students will be invited to attend boutiques held in the spring to "shop" for a dress and other items at no cost. To find a donation drop-off location near you, click here.

Volunteer judges needed
Judges are needed for the Carol N. Ney National Mock Trial Tournament hosted at Furman University March 25-27. The tournament is divided into four trials: March 25 from 2 to 6 p.m.; March 26 from 8:30 a.m. to 12:30 p.m.; March 26 from 1:30 to 5:30 p.m.; and March 28 from 8:30 a.m. to 12:30 p.m. To register as a judge, go to If you have questions, contact Paige Blankenship at (864) 294-3547 or

Advance Sheet Update
February 3, 2011
The S.C. Court of Appeals affirmed Appellant's conviction for conviction for felony driving under the influence (DUI) resulting in death. The trial court did not err in qualifying the expert witness who testified within the scope of his expertise. Since direct evidence existed which reasonably proved that Appellant proximately caused the victim's death, the trial court properly denied Appellant's motion for a directed verdict.
State v. Martin, No. 4788 is available online.

The court affirmed the jury verdict in favor of the University of South Carolina on Appellant's negligence claim for damages she sustained from a fall on university property. The court did not err in charging the jury to decide whether Appellant was a licensee or an invitee and whether Appellant obtained permission to enter the land and thus was in compliance with the criteria delineated in the Recreational Use Statute (RUS), Section 27-3-40, because these were questions of fact. Whether the trial court erred in failing to properly charge the jury regarding the burden of proof for RUS and gross negligence were not preserved for review.
Harris v. The University of South Carolina, No. 4789 is available online.

The court affirmed the jury verdict and found that the trial court did not commit reversible error on any of the grounds that Appellants alleged.  The statute of repose did not bar the Respondent from bringing suit because it related to the common areas of the development built in 1996 or later. The trial court did not err in granting directed verdict on Appellants' statute of limitations claim because whether the damages claimed in 2005 are different from past damages is a question of fact for the jury. Because Appellants did not depose the expert witness to obtain an approximate damages estimate, there was no abuse of discretion in admitting the expert's damage estimate a week prior to trial. Because Appellants failed to show any prejudice resulting from submission of the gross negligence issue to the jury, there is no error.  The trial court properly denied the Appellants' motion for directed verdict since there was evidence that the Respondent was the appropriate successor and therefore had standing.  
Holly Woods v. HHH, No. 4790 is available online.

Firm announcements
Alford, Wilkins & Coltrane, LLC announces that Curtis L. Coltrane has joined the firm as a partner, 18 Executive Park Rd., Ste. 1, Hilton Head Island 29928. (843) 842-5500.

Callison Tighe & Robinson, LLC
announces that Ian McVey has been elected a member of the firm located at 1812 Lincoln St., Ste. 200, Columbia 29201. (803) 404-6900.

The Law Office of Thomas Dougall
announces that William A. Collins Jr. has become a partner in the firm located at 1700 Woodcreek Farms Rd., Ste. 100, Elgin 29045. (803) 865-8858. The firm has changed its name to Dougall & Collins.

Harper & Rogers, PA
announces the departure from the firm of Carolyn Rogers to assume the position of probate judge for York county. The firm name and address have changed to Donald W. Harper, PA, 130 E. Main St., Ste. 200, Rock Hill, SC 29730.

Deidra W. Hightower announces the opening of the Law Office of Diedra W.  Hightower, LLC located at 1313 Elmwood Ave., Columbia 29201. (803) 936-2685.

Johnson & Freedman, LLC announces that January N. Taylor has become a partner of the firm located at 1587 N.E. Expressway, Atlanta 30329. (770) 234-9181.

Ogletree, Deakins, Nash, Smoak & Stewart, PC announces that Ashley P. Cuttino and Peter B. Murphy have been elected shareholders in the firm's Greenville office located at 300 N. Main St., 29601. (864) 271-1300. The firm also announces that Rick Fisher has joined the Charleston office located at 211 King St., Ste. 200, 29401. (843) 853-1300.

February 4
Construction Law Section Council Meeting, Conference Call

February 10
Consumer Law Section Council Meeting, Conference Call

February 11

Elder Law Committee Meeting, Conference Call
Family Law Section Council Meeting, Conference Call
Practice and Procedure Committee Meeting, Bar Building

February 15
YLD Executive Council Meeting, Conference Call

February 17
YLD Long Range Planning Committee Meeting, Bar Building

February 18
ADR Commission Meeting, Mike Kelly Law Group, Columbia
Criminal Law Section Council Meeting, Bar Building
Ethics Advisory Committee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Conference Call