©2009 and © 2017
Edited by James L. Ward Jr., Esquire and Edward J. Westbrook, Esquire 

With over 740 pages of text, South Carolina Damages, Second Edition is the only book of its kind in South Carolina and is co-authored by more than sixty of South Carolina’s most outstanding judges, attorneys, and law professors, including former Chief Justice Jean Hoefer Toal, Judge Karen L. Henderson, Judge G. Ross Anderson Jr., Judge P. Michael Duffy, Justice Kaye G. Hearn, practicing attorneys Wallace Lightsey, Allen Gibson, John E. Parker, Fayrell Furr, Richard Rosen, professors John P. Freeman, Ralph McCullough, and Randy Bridwell, and many more of South Carolina’s finest legal minds. 

Fully updated since publication of the first edition in 2004 and written with the practicing attorney in mind, this cutting-edge book will provide practical and scholarly insights and coverage of virtually every important aspect of damages law in South Carolina. Covering not only the theory and policy behind damages law, the book also includes comprehensive discussion and analysis of compensatory damages in personal injury and property torts, contract damages, and punitive damages, but also more than thirty individual chapters on everything from damages in anti-trust and automobile wreck cases to wrongful death and wrongful discharge and virtually everything in between! Truly, this is a book that every South Carolina attorney, whether plaintiff or defense, should have on his or her shelf.

Included with your purchase of South Carolina Damages, Second Edition is the 2017 Supplement. The 2017 Supplement includes significant cases decided after 2009, the date the main volume was completed and December 2016, the research deadline for the Supplement. The 2017 Supplement includes updates to all chapters except Chapters 30 and 39 and includes complete rewrites of Chapters 6, 10, 21, and 32. It follows the format of the main volume with cases and materials citing the chapter and page of the original volume so that all materials are placed in the context of the discussion in the original volume.

Summary of Contents

Part I: Damages in General 
Part II: Compensatory Damages 
South Carolina Modified Comparative Negligence 
Personal Injury Damages 
Tort Damages Involving Property 
Contract Damages 
Part III: Punitive Damages 
Part IV: Miscellaneous Damages Topics 
Set-off of Settlement Against Verdict in Wrongful Death and Survival Actions 
Prejudgment and Post-judgment Interest 
Collateral Source Rule 
The Taxation of Settlements & Judgments 
Limitations on Damages Against the State of South Carolina and Charitable Organizations 
Part V: Permissible Arguments on Damages in Closing Arguments 
Part VI: Damages for Specific Causes of Action 
Admiralty 
Anti-Trust Damages Under South Carolina Anti-Trust Statute 
Auto Accidents 
Civil Conspiracy 
Civil Rights 
Class Actions 
Construction Contracts 
Defamation and Invasion of Privacy 
Dram Shop Liability 
Fraud and Misrepresentation 
Insurance Bad Faith 
Insurance Stacking 
Intentional Infliction of Emotional Distress 
Interference with Contractual and Business Relations 
Land Sales Contracts 
Legal Malpractice 
Marital and Relational Torts 
Medical Malpractice 
Premises Liability 
Qui Tam Damages 
Sale of Goods/Uniform Commercial Code 
Securities Law 
Service Contracts 
South Carolina Tort Claims Act 
South Carolina Unfair Trade Practices Act 
Damages in Title VII Cases 
Workers’ Compensation 
Wrongful Death & Survival Actions 
Wrongful Discharge & Employment Contracts