Edited by James L. Ward Jr., Esquire and Edward J. Westbrook, Esquire
©2009
With over 740 pages of text, South Carolina Damages, Second Edition is the only book of its kind in South Carolina and is co-authored by more than sixty of South Carolina’s most outstanding judges, attorneys, and law professors, including Chief Justice Jean Hoefer Toal, Judge Karen L. Henderson, Judge G. Ross Anderson Jr., Judge P. Michael Duffy, Chief Judge Kaye G. Hearn, practicing attorneys Wallace Lightsey, Jan Warner, John E. Parker, Fayrell Furr, Richard Rosen, professors John P. Freeman, Ralph McCullough, and Randy Bridwell, and many more of South Carolina’s finest legal minds.
Fully updated since publication of the first edition in 2004 and written with the practicing attorney in mind, this cutting-edge book will provide practical and scholarly insights and coverage of virtually every important aspect of damages law in South Carolina. Covering not only the theory and policy behind damages law, the book also includes comprehensive discussion and analysis of compensatory damages in personal injury and property torts, contract damages, and punitive damages, but also more than thirty individual chapters on everything from damages in anti-trust and automobile wreck cases to wrongful death and wrongful discharge and virtually everything in between! Truly, this is a book that every South Carolina attorney, whether plaintiff or defense, should have on his or her shelf.
Summary of Contents
Part I: Damages in General
Part II: Compensatory Damages
•
South Carolina Modified Comparative Negligence
• Personal Injury Damages
• Tort Damages Involving Property
• Contract Damages
Part III: Punitive Damages
Part IV: Miscellaneous Damages Topics
• Set-off of Settlement Against Verdict in Wrongful Death and Survival Actions
• Prejudgment and Post-judgment Interest
• Collateral Source Rule
• The Taxation of Settlements & Judgments
• Limitations on Damages Against the State of South Carolina and Charitable Organizations
Part V: Permissible Arguments on Damages in Closing Arguments
Part VI: Damages for Specific Causes of Action
• Admiralty
• Anti-Trust Damages Under South Carolina Anti-Trust Statute
• Auto Accidents
• Civil Conspiracy
• Civil Rights
• Class Actions
• Construction Contracts
• Defamation and Invasion of Privacy
• Dram Shop Liability
• Fraud and Misrepresentation
• Insurance Bad Faith
• Insurance Stacking
• Intentional Infliction of Emotional Distress
• Interference with Contractual and Business Relations
• Land Sales Contracts
• Legal Malpractice
• Marital and Relational Torts
• Medical Malpractice
• Premises Liability
• Qui Tam Damages
• Sale of Goods/Uniform Commercial Code
• Securities Law
• Service Contracts
• South Carolina Tort Claims Act
• South Carolina Unfair Trade Practices Act
• Damages in Title VII Cases
• Workers’ Compensation
• Wrongful Death & Survival Actions
• Wrongful Discharge & Employment Contracts
