estate claim (South Carolina) · Go Syfert
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estate claim in South Carolina

7 South Carolina opinions name it 2 courts 1999–2023 2 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 (5)

CaseFollowedCited
Estate of Stokes Ex Rel. Spell v. Pee Dee Family Physicians, L.L.P.green
sc · 2010 · cited in 2 South Carolina opinions naming this issue, 2013–2021
2 sentences

2021Spell v. Pee Dee Family Physicians, L.L.P., 389 S.C. 343, 349 , 699 S.E.2d 143, 146 (2010) (holding that a wrongful death claim "lies in the decedent's estate only when the decedent possessed the right of recovery at his death"); id. at 347 , 699 S.E.2d at 145 ("[I]f the decedent had no claim at his death, the estate has no claim.").

2021Spell v. Pee Dee Family Physicians, L.L.P., 389 S.C. 343, 349 , 699 S.E.2d 143, 146 (2010) (holding that a wrongful death claim "lies in the decedent's estate only when the decedent possessed the right of recovery at his death"); id. at 347 , 699 S.E.2d at 145 ("[I]f the decedent had no claim at his death, the estate has no claim.").

22
State v. Wilsongreen
scctapp · 2010 · cited in 1 South Carolina opinions naming this issue, 2023–2023
2 sentences

2023See State v. Wilson, 389 S.C. 579, 583 , 698 S.E.2d 862 , 864 (Ct. App. 2010) ("[A]s the law assumes a curative instruction will remedy an error, failure to accept such a charge when offered, or failure to object to the sufficiency of that charge, renders the issue waived and unpreserved for appellate review.").

2023See State v. Wilson, 389 S.C. 579, 583 , 698 S.E.2d 862 , 864 (Ct. App. 2010) ("[A]s the law assumes a curative instruction will remedy an error, failure to accept such a charge when offered, or failure to object to the sufficiency of that charge, renders the issue waived and unpreserved for appellate review.").

11
Futch v. McAllister Towing of Georgetown, Inc.green
sc · 1999 · cited in 1 South Carolina opinions naming this issue, 2016–2016
2 sentences

2016See Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 613 , 518 S.E.2d 591, 598 (1999) (holding the appellate court need not address remaining issues when its resolution of a prior issue is dispositive). .

2016See Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 613 , 518 S.E.2d 591, 598 (1999) (holding the appellate court need not address remaining issues when its resolution of a prior issue is dispositive). .

11
Jimenez v. Daimlerchrysler Corporationgreen
ca4 · 2001 · cited in 1 South Carolina opinions naming this issue, 2014–2014
1 sentence

2014See Jimenez v. DaimlerChrysler Corp., 269 F.3d 439 , 452 (4th Cir.2001) (applying South Carolina law) (“Under the crashworthiness doctrine, liability is imposed not for defects that cause collisions but for defects that cause injuries after collisions occur.”).

11
Berkebile v. Outengreen
sc · 1993 · cited in 1 South Carolina opinions naming this issue, 1999–1999
2 sentences

1999Berkebile v. Outen, 311 S.C. 50, 55 , 426 S.E.2d 760, 763 (1993); see also Mullinax, supra. The purpose of requiring the surviving spouse to notify the PR is to notice the estate of the claim.

1999Berkebile v. Outen, 311 S.C. 50, 55 , 426 S.E.2d 760, 763 (1993); see also Mullinax, supra. The purpose of requiring the surviving spouse to notify the PR is to notice the estate of the claim.

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 (1)

CaseCitedYears
Riley v. Ford Motor Co. green
scctapp · 2014
2 sentences

2015Specifically, as to the new trial nisi additur, the court of appeals stated “the trial court’s mere disagreement with the jury’s determination of the proper amount of [] damages is not a compelling reason for granting additur,” and the court of appeals found it was inappropriate for the trial court to “impose its will on a party by substituting its judgment for that of the jury.” Id. at 19-20 , 757 S.E.2d at 432-33 .

2015Specifically, as to the new trial nisi additur, the court of appeals stated “the trial court’s mere disagreement with the jury’s determination of the proper amount of [] damages is not a compelling reason for granting additur,” and the court of appeals found it was inappropriate for the trial court to “impose its will on a party by substituting its judgment for that of the jury.” Id. at 19-20 , 757 S.E.2d at 432-33 .

12015–2015

Where else courts name it

PA 231 (1901–2026) IN 60 (1900–2026) IL 48 (1903–2025) TX 39 (1919–2026) NY 37 (1877–2025) OH 33 (1943–2026) CA 26 (1874–2026) FL 25 (1940–2025) WA 23 (1910–2026) MS 18 (1948–2023) GA 18 (1961–2025) KY 17 (1939–2025) WI 16 (1933–2026) MO 15 (1890–2018) IA 14 (1933–2018) KS 12 (1888–2024) MT 12 (1897–2023) AL 11 (1884–2017) MD 11 (1920–2025) CT 11 (1926–2025) SD 11 (1926–2024) NE 9 (1957–2025) TN 9 (1917–2019) OK 9 (1913–2000) CO 9 (1960–2018) NM 9 (1995–2025) ME 8 (1951–2021) AR 8 (1896–2024) AZ 8 (1996–2026) NJ 7 (1907–2026) SC 7 (1999–2023) VA 6 (1795–2020) OR 6 (1926–1987) DE 5 (2021–2026) UT 5 (1912–2023) ID 5 (1925–2025) ND 5 (1932–2025) MN 5 (1938–2012) HI 4 (1955–2026) VI 4 (1960–2015) MA 4 (1929–2003) NC 3 (1928–2015) LA 3 (1990–2007) NH 3 (2015–2017) WY 3 (1982–2010) MI 3 (2010–2018) NV 3 (1959–2017) WV 3 (2008–2024) VT 2 (1872–2018) DC 2 (2008–2021) RI 2 (1990–2000) AK 2 (1995–2023)

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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