deviation standard (South Carolina) · Go Syfert
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deviation standard in South Carolina

10 South Carolina opinions name it 2 courts 1936–2026 3 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
City of York v. Turner-Murphy Co., Inc.green
scctapp · 1994 · cited in 4 South Carolina opinions naming this issue, 1996–2026
2 sentences

2026If the plaintiff cannot meet this burden, then the professional cannot be found liable as a matter of law."); id. at 196 , 452 S.E.2d at 617 ("Where professional negligence is alleged, expert testimony is usually necessary to establish both the standard of care and the professional's deviation from that standard, unless the subject matter is within the area of common knowledge and experience of the layman so that no special learning is needed to evaluate the professional's conduct.").

2026If the plaintiff cannot meet this burden, then the professional cannot be found liable as a matter of law."); id. at 196 , 452 S.E.2d at 617 ("Where professional negligence is alleged, expert testimony is usually necessary to establish both the standard of care and the professional's deviation from that standard, unless the subject matter is within the area of common knowledge and experience of the layman so that no special learning is needed to evaluate the professional's conduct.").

44
Dawkins v. Union Hospital Districtgreen
sc · 2014 · cited in 1 South Carolina opinions naming this issue, 2022–2022
2 sentences

2022Dist., 408 S.C. 171, 176-78 , 758 S.E.2d 501, 504 (2014) (an example of an "ordinary negligence" case against a professional that did not require expert testimony).

2022Dist., 408 S.C. 171, 176-78 , 758 S.E.2d 501, 504 (2014) (an example of an "ordinary negligence" case against a professional that did not require expert testimony).

11
United Parcel Service, Inc. v. Flores-Galarzagreen
prd · 2003 · cited in 1 South Carolina opinions naming this issue, 2019–2019
1 sentence

2019It agreed with the district court that "[f]orcing carriers to give special handling to all packages containing goods used in a home . . . would resurrect the unwieldy patchwork of state laws that Congress intended to eliminate through the [FAAAA]." Id. (omission in original) (quoting United Parcel Serv., Inc. v. Flores-Galarza, 275 F. Supp. 2d 155, 161 (D.P.R. 2003)).

11
Gilliland v. Elmwood Propertiesgreen
sc · 1990 · cited in 1 South Carolina opinions naming this issue, 1996–1996
2 sentences

1996See Gilliland v. Elmwood Properties, 301 S.C. 295 , 391 S.E.2d 577 (1990) (to survive summary judgment in a professional negligence case, a plaintiff must offer expert testimony to establish both the standard of care and the defendant’s deviation from that standard); City of York v. Turner-Murphy Co., 317 S.C. 194, 195-98 , 452 S.E.2d 615, 616-17 (Ct.App.1994) (holding that if the plaintiff cannot meet the burden of proving that “the professional failed to conform to generally recognized and accepted practices in the profession,” then the professional cannot be found liable as a matter of law)

1996See Gilliland v. Elmwood Properties, 301 S.C. 295 , 391 S.E.2d 577 (1990) (to survive summary judgment in a professional negligence case, a plaintiff must offer expert testimony to establish both the standard of care and the defendant’s deviation from that standard); City of York v. Turner-Murphy Co., 317 S.C. 194, 195-98 , 452 S.E.2d 615, 616-17 (Ct.App.1994) (holding that if the plaintiff cannot meet the burden of proving that “the professional failed to conform to generally recognized and accepted practices in the profession,” then the professional cannot be found liable as a matter of law)

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
United Parcel Service, Inc. v. Flores-Galarza green
ca1 · 2004
2 sentences

2019The court rejected the argument this definition was too narrow, explaining "the enjoined scheme impermissibly affected UPS's prices, routes, and services in part because it required UPS to identify the contents of the packages (a deviation from standard procedures used for deliveries elsewhere in the United States) . . . ." Id.

2019It agreed with the district court that "[f]orcing carriers to give special handling to all packages containing goods used in a home . . . would resurrect the unwieldy patchwork of state laws that Congress intended to eliminate through the [FAAAA]." Id. (omission in original) (quoting United Parcel Serv., Inc. v. Flores-Galarza, 275 F. Supp. 2d 155, 161 (D.P.R. 2003)).

12019–2019
Stallings v. Ratliff green
scctapp · 1987
2 sentences

2010Id. at 353 , 356 S.E.2d at 417 .

2010Id. at 353 , 356 S.E.2d at 417 .

12010–2010
Hoeffner Ex Rel. Estate of Hoeffner v. Citadel green
sc · 1993
1 sentence

1994Hoeffner v. The Citadel, — S.C. —, 429 S.E. (2d) 190 (1993).

11994–1994
Pederson v. Gould green
sc · 1986
1 sentence

1989The affidavits of Boatwright and the plaintiff as a matter of law do not meet the requirements set out in Pederson v. Gould, 288 S. C. 141, 341 S. E. (2d) 633 (1986).

11989–1989
Gasque v. Heublein, Inc. green
scctapp · 1984
1 sentence

1985As this court held in Gasque v. Heublein, 281 S. C. 278, 315 S. E. (2d) 556 (S. C.

11985–1985
Bailey, Judge of Probate v. Cooley neutral
· 1929
1 sentence

1936In the case of Bailey, Judge of Probate, et al., v. Cooley et al., 153 S. C., 78, 150 S. E., 473, 475 , Mr. Chief Justice Watts, speaking for the Court, said: “Fraud while forming a sufficient ground for direct attack on a judgment, does not justify a collateral attack there•on.

11936–1936

Where else courts name it

IL 171 (1964–2026) NJ 95 (1949–2026) CT 70 (1987–2024) DC 65 (1982–2026) NY 61 (1933–2026) PA 53 (1966–2026) WA 42 (1924–2026) WV 39 (1980–2025) OH 39 (1984–2026) NE 35 (1979–2022) TX 32 (1968–2025) RI 26 (1969–2021) MS 26 (1961–2022) VA 26 (1976–2026) CA 23 (1940–2026) AL 22 (1987–2026) MI 21 (1984–2025) LA 20 (1943–2024) OR 18 (1906–2021) TN 18 (1951–2020) IN 17 (1990–2025) MD 15 (1973–2022) KS 14 (1966–2026) GA 13 (1997–2024) MO 13 (1907–2019) VT 12 (1964–2025) SC 10 (1936–2026) FL 10 (1976–1999) IA 8 (1996–2019) AZ 8 (1972–2016) AK 7 (1991–2023) NM 7 (1964–2018) CO 6 (1960–2018) ND 6 (1977–2006) UT 5 (1991–2025) WY 5 (1973–2026) KY 5 (1953–2009) MA 5 (1985–2012) AR 4 (1989–2024) MN 4 (2014–2015) MT 4 (1985–1997) DE 4 (1972–2023) HI 3 (1995–2001) NC 3 (1981–2005) WI 3 (1984–2010) SD 3 (2005–2024) ME 2 (2012–2012) OK 2 (1942–1959)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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