In This Issue: MG&C’s 2009 Educational Seminar l Case Law Updates l Faces of MG&C l Photos from Summer Seminars and Events
Fall 2009
Best Places SC to
For more information, visit www.bestplacestoworksc.com.
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MG&C has been named one of the Best Places to Work in South Carolina for 2009. MG&C is one of twenty finalists in the program and is named in the small/ medium-sized company category. The program, a partnership between the S.C. Chamber of Commerce, the Society for Human Resource Management–S.C. State Council, and SC Biz News, LLC, identifies and recognizes South Carolina’s best employers. The finalists were chosen based on employee responses to a satisfaction survey conducted by Best Companies Group. The responses were weighed against set criteria including leadership, planning, training and development to determine the companies’ rankings.
MG&C Named a Best Place to Work in S.C.!
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Check us off your to-do list!
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Join us in Charlotte for the 2009 Educational Seminar! The agenda will cover breaking topics in workers’ compensation and general liability law in North and South Carolina, and ESPN NASCAR race analyst and basketball star Brad Daugherty will give the keynote address.
CE CREDITS: This seminar will be submitted to N.C. Department of Insurance for 6 general insurance continuing education credits.
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Join MG&C during the S.C. Workers’ Compensation Educational Association’s fall conference on Tues., Oct. 20 from 6 to 8:30 p.m. for our Poolside Fire Show. We’ll have entertainment by Chief Kamu’s Fire & Hula Show and great refreshments by the pool at the Embassy Suites in Myrtle Beach!
To register, go to www.mgclaw.com/events-and-seminars and use event code sccomp09.
For more information and to register, visit mgclaw.com/events-and-seminars/. Use event code edsem09 to register.
Questions? Contact Jen Bricker at jbricker@mgclaw.com or Kim Schneider at kschneider@mgclaw.com or call us at (803) 779-2300.
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From the Courts:
North Carolina
Workers’ Compensation
Hawkins v. General Electric Company Due to prolonged exposure to chemicals at work, plaintiff developed personal sensitivities that resulted in contact dermatitis, which the Court of Appeals found to be a compensable occupational disease.
http://www.aoc.state.nc.us/www/public/coa/opinions/2009/pdf/081436-1.pdf
South Carolina
Workers’ Compensation
Brayboy v. WorkForce In this workers’ compensation case, WorkForce appealed the awarding of benefits to Brayboy on the grounds that Brayboy made material misrepresentations on his employment application. The Court affirmed, holding that Brayboy’s fraudulent responses on his employment application vitiated his employment relationship and barred his recovery of workers’ compensation benefits. WorkForce clearly established that Brayboy willfully made a false representation as to his physical condition, WorkForce relied on the misrepresentation as a substantial factor in its decision to hire Brayboy, and a causal connection existed between the false representation and the injury.
http://www.sccourts.org/opinions/displayOpinion.cfm?caseNo=26675
Moore v. Sullbark Builders, Inc. Plaintiff’s injuries were found to be compensable even though he tested positive for marijuana on the date of the injury because the Courts determined the test used did not sufficiently test the level of intoxication and was therefore insufficient evidence.
http://www.aoc.state.nc.us/www/public/coa/opinions/2009/pdf/081348-1.pdf
General Liability
Media Network, Inc. v. Long Haymes Carr, Inc. In an unfair trade practices claim, the defendant’s intent and the plaintiff’s intent and conduct are irrelevant. As such, plaintiff’s alleged commercial bribery was not a complete defense to the unfair trade practices claim. Martini v. Companion Property & Casualty Insurance Co. Plaintiff was only driving his wife’s car because the brake service light was on in his business vehicle. Therefore, plaintiff’s business vehicle was out of service and his wife’s car was a temporary substitute within the meaning of the defendant-insurer’s policy.
http://www.aoc.state.nc.us/www/public/coa/opinions/2009/080801-1.htm
Fredrick v. Wellman, Inc. Fredrick (Employee) appealed the circuit court’s order that Employee was not entitled to benefits because she concealed her history of back problems when seeking employment with Wellman (Employer). The Court of Appeals affirmed, holding that Employer properly raised and proved its fraud defense at the time of the hearing. The court held that an employer may request a hearing at any time to address termination of temporary disability payments for any reason.
http://www.sccourts.org/opinions/displayOpinion.cfm?caseNo=4599
General Liability
Skinner v. S.C. Department of Transportation The Court affirmed the grant of summary judgment to a landowner, holding that an owner of land which abuts a highway is not liable to travelers for conditions occurring on that highway which are normal and natural, and not the result of artificial conditions.
http://www.sccourts.org/opinions/displayOpinion.cfm?caseNo=26690
http://www.aoc.state.nc.us/www/public/coa/opinions/2009/pdf/081127-1.pdf
Barloworld Fleet Leasing, LLC v. Palmetto Forest Products, Inc. Where the defendants are South Carolina residents who have never done business in North Carolina, but the parties’ equipment lease was finalized in Charlotte, required payments to be made to plaintiff in North Carolina, and provided that the lease was to be governed by North Carolina law, North Carolina courts have personal jurisdiction over the defendants.
http://www.aoc.state.nc.us/www/public/coa/opinions/2009/pdf/081391-1.pdf
Congratulations to the nine MG&C attorneys named to The Best Lawyers in America® 2010 edition! MG&C was ranked as the #1 firm in South Carolina in workers’ compensation law, #1 in Charleston in employee benefits law and #1 in Greenville in insurance law. Ranked attorneys are:
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Nine MG&C Attorneys Named to Best Lawyers in America List
Lanier Construction Co., Inc. v. Bailey & Yobs, Inc. In this premises liability case brought by a subcontractor, invited onto the landowners’ property by the general contractor, the Court affirmed the grant of summary judgment to the defendant landowners. The court held that the landowners had fulfilled their duty to warn invitees of any latent defects on their property when they warned the general contractor and that it was the general contractor that failed in its duty to warn the plaintiff subcontractor of those same defects. Additionally, the Court held that no scintilla of evidence existed at the time of the subcontractor’s accident to suggest that the landowners had assumed the general contractor’s duty to warn its invitees.
http://www.sccourts.org/opinions/displayOpinion.cfm?caseNo=4580
Mark Davis (Charleston) Scott Garrett (Columbia) Mundi George (Columbia) Rusty Goudelock (Columbia) Jack Holmes (Raleigh) Amy Y. Jenkins (Charleston) Thomas Lydon (Columbia) Hugh McAngus (Columbia) G.D. “Doc” Morgan, Jr. (Greenville)
Padgett v. Colleton County In this premises liability case, the Court reversed the directed verdict rendered in favor of the defendant landowner and remanded the matter to the trial court. The Court held that 1) the trial judge improperly weighed competing evidence as to whether or not the hole Plaintiff fell in was open and obvious, 2) even if the hole was open and obvious, a jury could still find the defendant liable if it should have anticipated the harm caused by the hazard, and 3) the fact that an independent contractor created the hazard would not free the defendant landowner from liability if it also acted negligently.
http://www.judicial.state.sc.us/opinions/displayOpinion.cfm?caseNo=4542
This newsletter is published as a service to our clients and friends. It is intended to provide general information and does not constitute legal advice regarding any specific situation.
MG&C Photo Album
MG&C News
Engagements/Weddings
Columbia attorney Barrett Burley engaged to Julia DesChamps. Wedding: June 2010
Expecting
Charlotte attorney Jason McConnell and his wife Jennifer are expecting their third child in October. Columbia attorney Hugh McAngus is expecting his third grandchild from his son Andrews and daughter-in-law Faith in November.
Births
Columbia attorney Mac Tolar and his wife Helen welcomed Walker Vivienne Tolar into their family on June 30. Columbia attorney Jim Lichty and his wife Angie welcomed Katherine Lichty into their family on July 14. Columbia attorney Courtney Clyburn Pope and her husband George welcomed Lauren Grace Pope into their family on July 22.
Professional Appointments, Awards & Recognition
Columbia attorney Edward Rawl was accepted into Leadership Columbia’s 2009-2010 class. Charlotte attorney John Jeffries was elected to the Board of Directors for the N.C. Association of Defense Attorneys. Columbia attorney Tina Herbert graduated as part of Leadership South Carolina’s 2009 class. She was also named President-Elect of the S.C. Bar’s Young Lawyers Division for 2009-2010. Raleigh attorney Webster Harrison was elected to the Young Associates Steering Committee of the North Carolina Museum of History. Columbia attorney Thomas Lydon was named Chair of the S.C. Bar’s Consumer Law Section.
ESPN’s Brad Daugherty to Speak at 2009 Educational Seminar
ESPN NASCAR race analyst and basketball star Brad Daugherty will present the keynote speech at MG&C’s 2009 Educational Seminar on November 19. A two-time All-ACC and a first-team All-America player during his four years at the University of North Carolina, Brad has had a fascination with racing since his childhood, when he met Richard Petty. He wore the number 43 jersey in honor of Petty when he played for the Cleveland Cavaliers. While playing for the Cavaliers, Brad managed to become a five-time NBA All-Star and start a successful late-model stock race team with driver Robert Pressley. The Black Mountain, N.C., native started his television career as a game analyst for the Cleveland Cavaliers and the San Antonio Spurs, then serving as a college basketball sideline reporter and analyst for ESPN and ABC, before returning to ESPN as a race analyst in 2007.
The Faces of MG&C:
Mary Margaret Hyatt
October 2 - Atlanta, Ga. MG&C and Swift Currie Litigation Seminar
Cobb Energy Performing Arts Centre - www.mgclaw.com
Calendar of Events:
Workers’ Compensation Attorney, Myrtle Beach office
October 7-9 - Raleigh, N.C. NC Workers’ Compensation Educational Conference
Raleigh Convention Center - www.ic.nc.gov
October 18-21 - Myrtle Beach, S.C. SC Workers’ Compensation Educational Conference
Embassy Suites at Kingston Plantation - www.scwcea.org
Full name: Mary Margaret Shingler Hyatt—try saying it 3 times fast! Nickname: Thanks to my name, I have several—M, MM, Mare, M&M and Slim Shady. Place of birth: The bustling metropolis of Bainbridge, Georgia. College/Law School: Furman University (BS) and University of South Carolina (master of public health degree and law degree). Family: Husband, Doug, and two boys, Manning (5) and Hughes (2). Our only pets right now are Mickey Mouse and Henry the Dinosaur. Hobbies: Reading non-legal books, tennis, shopping and beaching Pet peeves: Being late and having to share my french fries Favorite movie: Grease, Pretty Woman and The Thomas Crown Affair (1999 version). As a child, what did you want to be when you grew up? I wrote an essay in the 6th grade that I wanted to be the first female president of the United States. Seriously! What was I thinking?!
November 19 - Charlotte, N.C. MG&C 2009 Educational Seminar
Hilton Charlotte University Place - www.mgclaw.com
Fun fact: I was a state champion swimmer. I also love raw chocolate chip cookie dough and prefer to eat it over baked cookies Favorite MG&C moment: There are so many, but I’ll say the opening of the Myrtle Beach office and the ability to relocate to the beach. Favorite sports team: I’m afraid to answer this one. I spent my childhood between the hedges in Athens, Ga. I attended undergrad at Furman, spent 5 years at the University of South Carolina, and I’m married to a Clemson grad. I still say, “Go Gamecocks!” Favorite food: Blue cheese—I eat it almost daily—and red wine.
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Columbia 700 Gervais Street Suite 300 PO Box 12519 Columbia, SC 29211 803-779-2300 Charlotte 6302 Fairview Road Suite 700 PO Box 30307 Charlotte, NC 28230 704-643-6303 Charleston 78 Wentworth Street Suite 200 PO Box 877 Charleston, SC 29402 843-576-2900 Greenville 75 Beattie Place Suite 300 PO Box 2980 Greenville, SC 29602 864-239-4000 Raleigh 5400 Glenwood Ave. Suite 100 PO Box 30516 Raleigh, NC 27622 919-719-8200 Myrtle Beach 1107 48th Avenue North Suite 210 PO Box 1349 Myrtle Beach, SC 29578 843-848-6000
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