Sep 17, 2012 | Products, Uncategorized
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.
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Sep 17, 2012 | Personal Injury, Uncategorized
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.
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Sep 17, 2012 | Products, Uncategorized
Products are typically recalled when manufacturers recognize they have released products to the public that are likely to cause personal injury. When you have been injured by a recalled product like a medical device, drug, or food containing an allergen or contaminant, you are very likely entitled to relief from the product’s manufacturer. If you’ve been injured, contact our products liability attorneys immediately at 877-374-5999 or contact us at this link. We can give you the help you need to be made whole after a product related injury. Below are products that have recently been recalled.
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Sep 17, 2012 | Motorcycle Accidents, Uncategorized
A 69-year old man passed away after a motorcycle accident that occurred last Saturday in West Rock Hill. Wednesday, the victim was pronounced dead at the Lehigh County Hospital, after fighting for his life for four days. The Lehigh County First Deputy Coroner has reported that the victim died from blunt force trauma to the head.
Accordingly, the report reads that the victim was literally ejected from his seat, after he lost control of the motorcycle around mile marker 25.2 on Route 309. The accident currently still under investigation.
South Carolina Motorcycle Accident Attorneys
It may appear obvious, but the dangers of rising a motorcycle highly outweigh the dangers of riding in a car or truck. Specifically, riding in a vehicle allows one protection, perhaps even slight, but still a buffer between the victim and the collision. With motorcycles however, the victim is not always afforded the same protection, as there is no ” buffer zone” to soften the blow of the collision. With winter quickly approaching, motorcyclists must be even more careful when travelling down country roads with icy patches and unseen dangers. The motorcyclist’s vulnerability is immense, and the potential for a deadly motorcycle accident is always present, even for the most responsible of motorcyclists.
Here at Reeves, Aiken, and Hightower, we consider your motorcycle accident to be serious. Please contact our offices and let us hear your side of the story to ensure that you get the justice you are seeking. Call us today and speak directly with one of our motorcycle accident attorneys at 704-499-9000 or 877-374-5999 toll-free.
Sep 17, 2012 | Car Accidents, Motorcycle Accidents, Personal Injury, Uncategorized, Wrongful Death
A resident from Lancaster County, South Carolina, passed away last month due to a motorcycle accident that had occurred earlier in the month. The victim clung onto life for about a week, before she finally perished.
According to the reports, the motorcycle accident occurred on S.C. 5, around 4:45 p.m. The victim was riding a 1997 Kawasaki motorcycle westward on S.C. 5, about 12 miles north of the Lancaster county line. The collision occurred when a vehicle traveling east on S.C.5 turned left onto Steel Hill Road, and immediately collided with the victim’s motorcycle. Subsequently, the victim was airlifted to a hospital in Charlotte.
Motorcycle Accident Attorneys
Statistically, when motorcycles are involved in accidents with other vehicles, 77 percent are hit from the front, whereas only 7 percent are struck from behind. Of these numbers, 47 percent of the accidents tend to be fatal to the motorcyclist. More than half of these fatal accidents are due to the other vehicle turning left, and 75 percent of the accidents are due to the other driver not being able to see the motorcyclist.
Motorcycles can be enjoyable to ride, and an escape from the every day confines of the car. However, if you or someone you love has been injured due to a motorcycle accident, call the Motorcycle Accident Attorneys of Reeves, Aiken, and Hightower to discuss your recovery plan. 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. Hire the best motorcycle accident attorneys with whom you have the most confidence in!
