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
MG&C
Named a
Best Place to
Work in S.C.!
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/
Best Places SC in medium-sized company category.
The program, a partnership between the S.C. Chamber
WORK
of Commerce, the Society for Human Resource
Management–S.C. State Council, and SC Biz News, LLC,
to 2009
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
For more information, visit www.bestplacestoworksc.com.
companies’ rankings.
’s Check us off your to-do list!
M G&C
oolside
Join us in Charlotte for the
p 2009 Educational Seminar!
e show
The agenda will cover breaking
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200l
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9 topics in workers’ compensation
and general liability law in
North and South Carolina, and
Oct. 2 0 6-8:3 Ed inar ESPN NASCAR race analyst and
Sem basketball star Brad Daugherty
,
day
will give the keynote address.
Thurs ber 19
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Nov tteo
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Hilt rsit be submitted to N.C.
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Uni . Department of Insurance
N.C
tte,
for 6 general insurance
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Cha
continuing education credits.
Join MG&C during
the S.C. Workers’
Compensation
Educational
Association’s fall
conference on Tues., For more information and to register,
Oct. 20 from 6 to 8:30 visit mgclaw.com/events-and-seminars/.
p.m. for our Poolside Fire Use event code edsem09 to register.
Show. We’ll have entertainment
by Chief Kamu’s Fire & Hula Show
and great refreshments by the pool at Questions? Contact Jen Bricker at jbricker@mgclaw.com
the Embassy Suites in Myrtle Beach! or Kim Schneider at kschneider@mgclaw.com or call us at
To register, go to (803) 779-2300.
www.mgclaw.com/events-and-seminars m g c l a w. c o m
and use event code sccomp09.
m g c l a w. c o m
From the Courts:
North Carolina South Carolina
Workers’ Compensation Workers’ Compensation
Hawkins v. General Electric Company Brayboy v. WorkForce
Due to prolonged exposure to chemicals at work, plaintiff developed In this workers’ compensation case, WorkForce appealed the
personal sensitivities that resulted in contact dermatitis, which the awarding of benefits to Brayboy on the grounds that Brayboy made
Court of Appeals found to be a compensable occupational disease. material misrepresentations on his employment application. The
http://www.aoc.state.nc.us/www/public/coa/opinions/2009/pdf/081436-1.pdf Court affirmed, holding that Brayboy’s fraudulent responses on his
employment application vitiated his employment relationship and
Moore v. Sullbark Builders, Inc. barred his recovery of workers’ compensation benefits. WorkForce
Plaintiff’s injuries were found to be compensable even though he clearly established that Brayboy willfully made a false representation
tested positive for marijuana on the date of the injury because the as to his physical condition, WorkForce relied on the misrepresentation
Courts determined the test used did not sufficiently test the level of as a substantial factor in its decision to hire Brayboy, and a causal
intoxication and was therefore insufficient evidence. connection existed between the false representation and the injury.
http://www.aoc.state.nc.us/www/public/coa/opinions/2009/pdf/081348-1.pdf http://www.sccourts.org/opinions/displayOpinion.cfm?caseNo=26675
General Liability Fredrick v. Wellman, Inc.
Media Network, Inc. v. Long Haymes Carr, Inc. Fredrick (Employee) appealed the circuit court’s order that Employee
In an unfair trade practices claim, the defendant’s intent and the plaintiff’s was not entitled to benefits because she concealed her history of
intent and conduct are irrelevant. As such, plaintiff’s alleged commercial back problems when seeking employment with Wellman (Employer).
bribery was not a complete defense to the unfair trade practices claim. The Court of Appeals affirmed, holding that Employer properly raised
http://www.aoc.state.nc.us/www/public/coa/opinions/2009/080801-1.htm 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
Martini v. Companion Property & Casualty Insurance Co. termination of temporary disability payments for any reason.
Plaintiff was only driving his wife’s car because the brake service http://www.sccourts.org/opinions/displayOpinion.cfm?caseNo=4599
light was on in his business vehicle. Therefore, plaintiff’s business
vehicle was out of service and his wife’s car was a temporary General Liability
substitute within the meaning of the defendant-insurer’s policy. Skinner v. S.C. Department of Transportation
http://www.aoc.state.nc.us/www/public/coa/opinions/2009/pdf/081127-1.pdf
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
Barloworld Fleet Leasing, LLC v. Palmetto Forest Products, Inc.
travelers for conditions occurring on that highway which are normal
Where the defendants are South Carolina residents who have never done
and natural, and not the result of artificial conditions.
business in North Carolina, but the parties’ equipment lease was finalized
http://www.sccourts.org/opinions/displayOpinion.cfm?caseNo=26690
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, Lanier Construction Co., Inc. v. Bailey & Yobs, Inc.
North Carolina courts have personal jurisdiction over the defendants. In this premises liability case brought by a subcontractor, invited
http://www.aoc.state.nc.us/www/public/coa/opinions/2009/pdf/081391-1.pdf
onto the landowners’ property by the general contractor, the Court
affirmed the grant of summary judgment to the defendant landowners.
Nine MG&C Attorneys Named to The court held that the landowners had fulfilled their duty to warn
invitees of any latent defects on their property when they warned the
Best Lawyers in America List general contractor and that it was the general contractor that failed
Congratulations to the nine MG&C attorneys named to The Best in its duty to warn the plaintiff subcontractor of those same defects.
Lawyers in America® 2010 edition! MG&C was ranked as the #1 firm Additionally, the Court held that no scintilla of evidence existed at the
in South Carolina in workers’ compensation law, #1 in Charleston in time of the subcontractor’s accident to suggest that the landowners
employee benefits law and #1 in Greenville in insurance law. Ranked had assumed the general contractor’s duty to warn its invitees.
attorneys are: http://www.sccourts.org/opinions/displayOpinion.cfm?caseNo=4580
l Mark Davis (Charleston) Padgett v. Colleton County
l Scott Garrett (Columbia) In this premises liability case, the Court reversed the directed
l Mundi George (Columbia) verdict rendered in favor of the defendant landowner and remanded
the matter to the trial court. The Court held that 1) the trial judge
l Rusty Goudelock (Columbia) improperly weighed competing evidence as to whether or not the
l Jack Holmes (Raleigh) hole Plaintiff fell in was open and obvious, 2) even if the hole was
l Amy Y. Jenkins (Charleston) 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
l Thomas Lydon (Columbia) an independent contractor created the hazard would not free the
l Hugh McAngus (Columbia) defendant landowner from liability if it also acted negligently.
http://www.judicial.state.sc.us/opinions/displayOpinion.cfm?caseNo=4542
l G.D. “Doc” Morgan, Jr. (Greenville)
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
ESPN’s Brad Daugherty to Speak of the S.C. Bar’s Young Lawyers
Division for 2009-2010.
at 2009 Educational Seminar Raleigh attorney Webster Harrison
was elected to the Young Associates
ESPN NASCAR race He wore the number 43 jersey in honor of
Steering Committee of the North
analyst and basketball Petty when he played for the Cleveland Cavaliers.
Carolina Museum of History.
star Brad Daugherty While playing for the Cavaliers, Brad managed
will present the keynote to become a five-time NBA All-Star and start a Columbia attorney Thomas Lydon
speech at MG&C’s successful late-model stock race team with driver was named Chair of the S.C. Bar’s
2009 Educational Robert Pressley. Consumer Law Section.
Seminar on November The Black Mountain, N.C., native started
19. A two-time All-ACC his television career as a game analyst for the
and a first-team All-America player during his Cleveland Cavaliers and the San Antonio Spurs,
four years at the University of North Carolina, then serving as a college basketball sideline
Brad has had a fascination with racing since his reporter and analyst for ESPN and ABC, before
childhood, when he met Richard Petty. returning to ESPN as a race analyst in 2007.
October 2 - Atlanta, Ga.
MG&C and Swift Currie Litigation Seminar
The Faces Cobb Energy Performing Arts Centre - www.mgclaw.com
of MG&C: Calendar October 7-9 - Raleigh, N.C.
of Events: NC Workers’ Compensation Educational Conference
Raleigh Convention Center - www.ic.nc.gov
October 18-21 - Myrtle Beach, S.C.
Mary Margaret Hyatt
SC Workers’ Compensation Educational Conference
Workers’ Compensation Embassy Suites at Kingston Plantation - www.scwcea.org
Attorney, Myrtle Beach office
Full name: Mary Margaret Shingler November 19 - Charlotte, N.C.
Hyatt—try saying it 3 times fast! MG&C 2009 Educational Seminar
Nickname: Thanks to my name, I have Hilton Charlotte University Place - www.mgclaw.com
several—M, MM, Mare, M&M and Slim Shady.
Place of birth: The bustling metropolis of
Bainbridge, Georgia.
Fun fact: I was a state champion swimmer. I also love raw chocolate
College/Law School: Furman University (BS) and University of South
chip cookie dough and prefer to eat it over baked cookies
Carolina (master of public health degree and law degree).
Favorite MG&C moment: There are so many, but I’ll say the opening
Family: Husband, Doug, and two boys, Manning (5) and Hughes (2).
of the Myrtle Beach office and the ability to relocate to the beach.
Our only pets right now are Mickey Mouse and Henry the Dinosaur.
Favorite sports team: I’m afraid to answer this one. I spent my
Hobbies: Reading non-legal books, tennis, shopping and beaching
childhood between the hedges in Athens, Ga. I attended undergrad
Pet peeves: Being late and having to share my french fries
at Furman, spent 5 years at the University of South Carolina, and I’m
Favorite movie: Grease, Pretty Woman and The Thomas Crown Affair
married to a Clemson grad. I still say, “Go Gamecocks!”
(1999 version).
Favorite food: Blue cheese—I eat it almost daily—and red wine.
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?!
m g c l a w. c o m
mgclaw.com
843-848-6000
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1107 48th Avenue North
Myrtle Beach
919-719-8200
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Raleigh
864-239-4000
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Greenville
843-576-2900
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78 Wentworth Street
Charleston
704-643-6303
Charlotte, NC 28230
PO Box 30307
Suite 700
6302 Fairview Road
Charlotte
803-779-2300
Columbia, SC 29211
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PERMIT #293 Suite 300
COLUMBIA, SC 700 Gervais Street
Columbia
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