On Wednesday, 9/17/2014, the South Carolina Supreme Court published an opinion and an order.
In Major v. City of Hartsville, the Court reserved the decision of the South Carolina Court of Appeals and trial court. Both the trial and appellate courts granted and affirmed the City’s request for a summary judgment.
Major fell and hurt her ankle in an unpaved intersection owned by the City. At issue was whether the City had notice, either actual or constructive, of the defect and the need to repair it. The trial and appellate courts concluded that there was no evidence to indicate that the City had notice of the rut that caused Major’s injury nor the need to repair it. The South Carolina Supreme Court reversed, holding that “…a genuine issue of material fact exists as to whether respondent should be 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.”
The Court also issued an order, granting the portion of the South Carolina Bar’s petition that requested the amendment of the Rules of Professional Conduct to conform to the American Bar Association Rules (ABA) of Professional Conduct. South Carolina Appellate Court Rule 407 was amended to conform to the ABA’s Model Rule 1.6 and 1.17 and comments.