Opinions from the South Carolina Supreme Court

125px-SCSupreme_CourtSealOn Wednesday, November 9th, 2016, the South Carolina Supreme Court published one opinion: In Hayes v. State, the Court dismisses the petition as improvidently granted.

On Wednesday,  November 2nd, 2016, the South Carolina Supreme Court published two opinions: Simmons v. Berkeley Electric Cooperative, Inc. and State v. Witherspoon.

In Simmons v. Berkeley Electric Cooperative, Inc., the Court affirmed the court of appeals’ finding that Berkeley Electric established a prescriptive easement over Simmons’ property. However, the Court reversed the court’s finding that St. John Water established a prescriptive easement and remanded the issue for a determination of damages.

In State v. Witherspoon, the Court reversed the court of appeals’ affirmation of the trial court’s jury charge on SC Code Section 16-3-657 which provides that testimony of the victim need not be corroborated in prosecutions for criminal sexual conduct. The Court found the charge to be an unconstitutional comment on the facts and prejudicial under the facts of this case.

In Davaut v. USC, published on October 26th, the Court reversed the Worker’s Compensation Commission’s denial of benefits and adopts the “divided premises” rule, which states that when an employee travels from on portion of her employer’s property to another over a reasonably necessary and direct route, the employee remains in the course of her employment for purposes of workers’ compensation. Accordingly, the Court remanded the case to the Commission for a determination of benefits.

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