In the recent South Carolina Supreme Court decision,Weston v. Kim’s Dollar Store, the Court gave a textual read to the federal statute expressly preempting certain drug and medical device torts. In that case, a young lady bought a pair of color contacts without a prescription from Kim’s Dollar Store and shortly thereafter lost sight in one eye. Blindness from a color contact; can you imagine?
The statute in question is as follows:
“[N]o State or political subdivision of a State may establish or continue with respect to a device intended for human use any requirement—
(1) which is different from, or in addition to, any requirement applicable under this chapter to the device, and
(2) which relates to the safety or effectiveness of the device or to any other matter included in a requirement applicable to the device under this chapter.
The Court basically ruled that the words stand for themselves, that any common law rule of tort that would be different from or would add to the federal drug laws is preempted, and not much further. The application of this rule was sent down to the trial court.
Read the whole opinion below the fold.
South Carolina Contact Lens Attorneys
If you or someone you know has been injured by a contact lens or any other medical device, you need legal help as you may be entitled to recovery against the product’s manufacturer. Call the product liability attorneys of Reeves, Aiken & Hightower at 877-374-5999 for that legal help. We have the experience to get you the best result in your situation.
It’s an unfortunate fact of the law that sometimes those with legitimate personal injuries and a legitimate entitlement to recovery do not recover because of a procedural failing. The recent South Carolina Supreme Court Case Mims v. Babcock Center represents one of the lucky cases, where the law recognizes substantive injury over formalistic procedure.
In that case, an attorney filed a complaint in 2007 only to never serve process on any of the claimed defendants. Defendants did in fact learn of the lawsuit, but the injured person’s attorney did not continue to pursue the claim.
Later, in 2008, a second complaint was filed alleging to be an amendment to the earlier 2007 complaint. Process was served for the second complaint on all defendants. The problem is that SC Code § 15-3-20(B) requires that service be made within 120 days of filing a lawsuit. The trial court dismissed the entire case, without prejudice (meaning the suit could be refiled), on the grounds that the plaintiff’s lawyer failed to serve process within 120 days of filing as required by the statute.
The South Carolina Supreme Court, however, held that the full extent of SC Code § 15-3-20(B) is exerted by Rule 3(a) of the SC Rules of Civil Procedure, i.e. that:
(1) an action is commenced upon filing the summons and complaint, if service is made within the statute of limitations, and
(2) if filing but not service is accomplished within the statute of limitations, then service must be made within 120 days of filing.
Read the whole opinion below the fold.
Rock Hill Personal Injury Attorneys
If you have been injured in any sort of accident, contact the personal injury attorneys of Reeves, Aiken & Hightower at 877-374-5999 or at this link. We have the experience to get you your best recovery.
A Rock Hill resident lost his life in a multi-car collision involving a tractor-trailer, that consequently ended in a massive fire on Interstate 85.
The accident occurred last Friday, around 1:45 p.m., on I-85 going southbound near the Statesville Road exit. The tractor-trailer was owned and operated by a Food Delivery Service, who had been travelling to Asheboro, N.C., and were on their way back to Rock Hill, SC. The tractor-trailer was empty at the time of the accident.
When the tractor-trailer slide out of control, it slammed into the back of a female driver’s vehicle, trapping her inside. This particular victim was the first one hit in the multi-car collision at hand.
Speed and alcohol have not been considered as attributing factors to the crash.
York County Tractor-Trailer Accident Attorneys
According to the U.S. Department of Transportation, a typical trucking accident or ” tractor-trailer” accident occurs when the larger trucks, usually over 10,000 lbs., collides with other vehicles, trucks, or even worse, pedestrians. The DOT statistics states that around 500 thousand of these accidents occur each year. Of these, 5,000 or so end in fatalities. Even more disturbing, one out of every eight traffic accidents that end in death, are involved with a trucking collision.
In the event that you, or someone you love has found themselves involved in a tractor-trailer, truck, or ” big rig” accident, please call the experience Commercial Truck Attorneys at Reeves, Aiken and Hightower, LLP to evaluate your claim and help get you the justice you deserve!
For more information about our law firm, please visit www.rjrlaw.com. Or call one of our attorneys directly at 877-374-5999.
A 19-year-old SC teen died in a fiery crash on Thursday afternoon on Interstate 26.
According to South Carolina Highway Patrol, the accident occurred around 4 p.m. near mile marker 164 when the teen’s 1998 Mazda heading eastbound went off the left side of the road, hit a tree, and caught on fire.
The teen driver died at the scene due to blunt force trauma from the crash and not the fire, according to an Orangeburg County Coroner.
Highway Patrol is continuing investigations in connection with the crash.
South Carolina Accident Attorneys
If the unthinkable happens in your life, call the experienced attorneys of Reeves, Aiken & Hightower LLP. Our seasoned litigators have over 75 years combined trial experience. Our team of personal injury attorneys include former insurance defense lawyers, a former Registered Nurse (RN), and former criminal prosecutor. We can investigate all aspects of a serious accident and hold all parties accountable for your loss. Call us today and speak directly with one of our lawyers at 704-499-9000 or 877-374-5999 toll free. We have offices in Charlotte and throughout South Carolina. We would be honored to have an opportunity to help you and your family get through this most difficult time in your lives.
In a recent 2-1 decision, the South Carolina Court of Appeals affirmed the workers’ compensataion commission’s position against former stripper, LeAndra Lewis’ claim for benefits because she was not considered an employee of Boom Boom Studio 54 in Columbia.
Lewis, who was 19-years-old when she was performing at the Columbia Club, was shot in the abdomen during a fight that occurred between two customers. The 2008 shooting left Lewis with serious injuries to her liver, intestines, pancreas, kidney and uterus.
During her stripping days, Lewis would normally work five nights a week, traveling between the Carolinas. However, the scarring resulting from her injuries has cut her stripping career short.
Various arguments that Lewis was not an employee support the Court’s decision, including that management never specified how she was supposed to dance for patrons and that the club had not supplied her with any equipment. In fact, “from the standpoint of both the Boom Boom Room and its customers, Lewis brought her own ‘equipment’ for her work,” wrote the court. The Court further noted that the club did not pay Lewis to perform and that it was actually Lewis who paid for the opportunity to dance and collect tips from customers.
Judge Paul Short, dissenting, argued that Lewis was an employee of the club because management had the power to fine or fire strippers who missed their turn in rotation, who left early, charged their own V.I.P. dance price, or broke any other rules.
Columbia Workers’ Compensation Attorneys
Please call the experienced worker’ compensation attorneys of Reeves, Aiken & Hightower LLP. to have you case heard now! Our seasoned litigators have over 75 years combined trial experience. Our team of personal injury attorneys include former insurance defense lawyers, a former Registered Nurse (RN), and former criminal prosecutor. We can investigate all aspects of a serious accident and hold all parties accountable for your loss. Call us today and speak directly with one of our lawyers at 704-499-9000 or 877-374-5999 toll-free. We have offices in Charlotte and throughout South Carolina. We would be honored to have an opportunity to help you and your family get through this most difficult time in your lives. Hire the best worker’s compensation attorneys with whom you have the most confidence in!