Ralph v. McLaughlin
Syllabus
This case involves a property dispute on Seabrook Island between neighbors Richard and Eugenia Ralph (\the Ralphs\), and Paul and Susan McLaughlin (\the McLaughlins\). The dispute in question concerns the destruction of a drainage easement by the McLaughlins that, the Ralphs allege, exacerbated drainage issues on the Ralphs' property. At trial, the jury found for the Ralphs on their cause of action for trespass and awarded them $1,000 in nominal damages. On appeal, the Ralphs argue the circuit court erred in 1) failing to apply the rulings and factual determinations from a previous grant of summary judgment to a third-party defendant as the law of the case 2) entering a directed verdict for the McLaughlins on the issue of punitive damages 3) failing to find the McLaughlins trespassed as a matter of law and 4) failing to grant the Ralphs a new trial absolute, a new trial nisi additur, or a new trial on damages. We reverse and remand the case for a new trial on compensatory damages and punitive damages.
Cites
47 cases in this archive are cited by this case; the 20 most cited are listed.
- Futch v. McAllister Towing of Georgetown, Inc.Supreme Court of South Carolina· 1999-07-26· cited 1,327×
- Wilder Corp. v. WilkeSupreme Court of South Carolina· 1998-03-09· cited 665×
- I'On, L.L.C. v. Town of Mt. PleasantSupreme Court of South Carolina· 2000-01-17· cited 485×
- Elam v. South Carolina Department of TransportationSupreme Court of South Carolina· 2004-09-13· cited 287×
- Tupper v. Dorchester CountySupreme Court of South Carolina· 1997-06-30· cited 175×
- Staubes v. City of Folly BeachSupreme Court of South Carolina· 2000-03-20· cited 172×
- Law v. South Carolina Department of CorrectionsSupreme Court of South Carolina· 2006-04-10· cited 148×
- Vinson v. HartleyCourt of Appeals of South Carolina· 1996-10-14· cited 113×
- Shirley's Iron Works, Inc. v. City of UnionSupreme Court of South Carolina· 2013-05-29· cited 79×
- Snow v. City of ColumbiaCourt of Appeals of South Carolina· 1991-09-23· cited 56×
- Folkens Ex Rel. Estate of McLendon v. HuntSupreme Court of South Carolina· 1990-01-08· cited 55×
- Pelican Building Centers of Horry-Georgetown, Inc. v. DuttonSupreme Court of South Carolina· 1993-02-22· cited 54×
- Carolina Land Company, Inc. v. BlandSupreme Court of South Carolina· 1975-07-01· cited 52×
- Cole v. RautSupreme Court of South Carolina· 2008-06-09· cited 51×
- Berry v. McLeodCourt of Appeals of South Carolina· 1997-09-22· cited 49×
- Berberich v. JackSupreme Court of South Carolina· 2011-04-04· cited 44×
- Ross v. Medical Univ. of South CarolinaSupreme Court of South Carolina· 1997-09-22· cited 40×
- Binkley v. Rabon Creek Watershed Conservation DistrictCourt of Appeals of South Carolina· 2001-11-19· cited 34×
- Slear v. HannaSupreme Court of South Carolina· 1998-02-17· cited 34×
- Hinson v. A. T. Sistare Construction Co.Supreme Court of South Carolina· 1960-03-21· cited 31×
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