Justia Government & Administrative Law Opinion Summaries

Petitioner Alberta Major fell and sustained an ankle injury while walking across an unpaved area of an intersection, which was owned and maintained by respondent City of Hartsville. Petitioner asserted her injury was a result of a rut in the ground created by vehicles frequently driving over the unpaved area. Petitioner brought suit against respondent alleging negligence, gross negligence, and willful and wanton conduct. Prior to trial, respondent filed a motion for summary judgment contending it was not liable under the South Carolina Torts Claims Act (SCTCA) because it was not on notice of any rut at the location where petitioner allegedly sustained her injury. The trial judge granted summary judgment in favor of respondent, finding respondent's knowledge of vehicles cutting the unpaved corner at the intersection did not create a continual condition and did not place respondent on constructive notice of the actual rut. The Court of Appeals affirmed, referring to the SCTCA and finding although petitioner presented evidence that respondent had notice of circumstances it knew would eventually lead to a rut, there was no evidence respondent had notice of the specific rut petitioner alleged caused her injury. The Court of Appeals further found there was no continual condition sufficient to establish constructive notice and impute liability to respondent. Based on the testimony presented at the summary judgment hearing, the Supreme Court found, however, that a genuine issue of material fact existed as to whether respondent should have been charged with constructive notice on the basis that the rut existed for such a period of time that respondent, in the use of reasonable care, should have discovered it. Furthermore, the Court found a genuine issue of material fact as to whether the recurring nature of the defect created a continual condition giving rise to constructive notice. Therefore, the Court of Appeals' was reversed and the matter remanded for further proceedings. View "Major v. City of Hartsville" on Justia Law

After a jury trial, Faith Krueger appealed and Grand Forks County cross-appealed a judgment in favor of the County in Krueger's action for breach of fiduciary duty, negligence, trespass to chattel, conversion, intentional infliction of emotional distress, and negligent supervision of a public administrator. In July 2012, Krueger sued the County alleging she lost over $300,000 in property and assets after Barbara Zavala, the Grand Forks County Public Administrator, was appointed her guardian and conservator. Krueger claimed the County was liable for Zavala's actions under N.D.C.C. 32-12.1-03 because Zavala was a county employee. Krueger argued on appeal to the Supreme Court that the district court erred in denying her motion to compel discovery, denying her motion for a continuance, denying her claim for damages for mental anguish, erred in its evidentiary rulings, jury instructions, and by allowing certain statements by the County's attorney during closing arguments. Finding no reversible error, the Supreme Court affirmed the trial court.View "Krueger v. Grand Forks County" on Justia Law

Alberto Daniel Saucedo Suarez and his attorneys, Allan Davis and the law firm of Robinson Calcagnie Robinson Shapiro Davis, Inc. appealed a trial court's award of attorney fees and costs to the City of Corona. In 2008, Suarez was injured when the compressed natural gas (CNG) tank in a van in which he was a passenger exploded while being filled at a fueling station owned by the City. In April 2009, Suarez sued the City and a number of other defendants. Suarez proceeded against the City on a theory of dangerous condition of public property. Appellants contended the trial court erred because: (1) section 1038 did not authorize an award of attorney fees and costs against a party's counsel; (2) the commissioner issuing the award did not have jurisdiction; (3) the award was not proper where the action was brought and maintained with reasonable cause; (4) the fees and costs awarded were not reasonably and necessarily incurred; and (5) the award violated due process. The Court of Appeal agreed that section 1038 did not authorize an award of fees and costs against a party's attorney. Accordingly, the Court reversed that portion of the judgment awarding the City its fees and costs against the Attorneys. In all other respects, the Court affirmed. View "Suarez v. City of Corona" on Justia Law