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GEORGETOWN OFFICE 121 Screven Street Georgetown, SC 29440 • Medical Malpractice
• Workers’ Comp. • Dram Shop Liability • Nursing Home Abuse • Hospital Negligence • Jail Misconduct CHARLESTON OFFICE 635 East Bay Street, Suite F Charleston, SC 29403
• Car Accidents • Personal Injury • Truck Accidents • Wrongful Death
OCTOBER/NOVEMBER 2024
EVANSMOORELAW.COM · (843) 995-5000
Touchdown for Justice Supreme Court Rules in Favor of Student-Athlete
While concussions and head trauma have become a focus for professional football players, research shows high school players are actually the most likely to suffer these injuries during play. In light of this fact, it is inexcusable to neglect the health of our young athletes. Our school districts are responsible for the health and safety of their student-athletes, but as you will read from their recent behavior in the courtroom, it would appear they would rather ignore the issue entirely. In 2021, our firm had the honor of trying the first civil case to verdict after the courts had reopened following the easing of COVID-19 restrictions — a case centered on head injuries. The case involved a 14-year-old, eighth- grade student and football player who incurred multiple concussions during a high school B-team football game. Our client was big and athletic and started both ways — on offense and
defense — playing every snap of the game. In April of 2021, a jury found that the Horry County School District acted with gross negligence in failing to have an athletic trainer present for our client’s team and in failing to have the athletic trainer for the other team monitor both teams for concussions. However, following a jury ruling in their own county, the Horry County School District appealed the decision, and the case headed to the South Carolina Court of Appeals. The Appeal The South Carolina Court of Appeals is based in Columbia and has eight judges who hear appeals as part of three-judge panels. In our case, the three judges who heard the appeal unanimously upheld the Circuit Court’s decision without holding oral arguments. Despite another victory for our client, the Horry County School District filed what is known as a petition for rehearing en banc, whereby a special panel of all eight judges from the Court of Appeals would hear the case. The Court of Appeals denied their request. Off to the Supreme Court Not deterred by their failures at the Court of Appeals, the Horry County School District filed a request that the South Carolina Supreme Court hear the case because it involved unique issues of law. The Supreme Court granted the request, and all the issues
Appellate Team After Argument
in the case had to be briefed again. Given the subject matter of the case, the South Carolina Supreme Court, comprising five judges, featured the case during a special term of court set at the Citadel, which was open to the student body and the public. A Long Time Coming The case was heard on Sept. 10, 2024, around 17 months after the jury’s initial verdict. Despite the Horry County School District throwing every possible obstruction they could our way, justice still triumphed in this case. On Oct. 10, 2024, the South Carolina Supreme Court ruled in our client’s favor, granting him a definitive victory in the case. The case was unique and illustrated the lengths to which many of our state’s agencies are willing to go to justify bad conduct. Despite the Horry County School District using almost every available avenue in the judicial system, we ultimately triumphed.
Trial Team After Verdict
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TALK TO YOUR CHILDREN. TALK TO YOUR TEENS.
In 2022, we were contacted by Jenn Ableson of the Washington Post, who was interested in doing an investigative piece on two of our closed cases which were litigated in partnership with our close friend Dan Boles of the Boles Law Firm in James Island. Both cases involved minor high school students who had been abused by a school resource officer, Deputy Jamel Bradley of the Richland County Sheriff’s Department, on the campus of Spring Valley High School. Although our clients’ identities were allowed to remain anonymous by the United States District Court, much of the sworn testimony and documentary evidence detailing the warning signs provided to the Richland County Sheriff’s Department and to Richland County School District 2 was contained in the Federal Court filings. Although
the information was available to the public, little interest was shown in the case despite the thousands of students who had needlessly been exposed to the predatory conduct of Deputy Bradley at multiple schools in Richland County. Reporter Jenn Ableson learned about the widespread danger and spent over one year researching Court filings and speaking to witnesses in connection with her co-reporters Jessica Contrera and Nate Jones. The research culminated in detailed exposé that was published the day prior to Deputy Bradley’s sentencing for the crimes of sexual battery with a student and first-degree assault and battery. Although the prosecutor worked out a plea deal which allowed Bradley’s five-year prison sentence to be suspended to three years’ probation and to allow Bradley to remain free from registering on the sex offender registry, fortunately the South Carolina Circuit Court rejected a portion of plea agreement and ultimately required Deputy Bradley to register as a sex offender. Over the course of the last 16 years, we have had the unfortunate occasion to represent a series of young men
and women who have been sexually abused at schools, at overnight summer camps, and by law enforcement officials assigned to investigate their cases. Every single one of these cases had a common thread —the perpetrator selected a victim whom he thought was unlikely to report the abuse to his or her parents or relatives. The statistics in this regard are alarming. Medical journals report that only 9% of school employee sexual misconduct cases are reported. A Lowcountry psychologist who agreed to testify in the two Richland County cases involving Deputy Bradley noted that “an adolescent’s ability to perceive the wrongfulness of educator sexual misconduct is different from that of an adult,” and as a result “disclosures are delayed by years from the time the abuse occurred.” Sexual predators in a school, camp, and extracurricular activity setting rely on the natural reluctance of children and teens to report abuse. The South Carolina Legislature has attempted to combat this tendency of minors to delay reporting abuse by passing a statute that allows anyone who is sexually abused
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GIVING BACK Thanksgiving is a holiday that brings families and communities together around the country. It is a time to share a delicious homemade meal with loved ones and to express gratitude for the company and comfort of others. However, when circumstances make it difficult, if not impossible, to provide the Thanksgiving experience our families yearn for and deserve, the holiday season can turn from a day of gratitude to disappointment. 9th Annual Turkey Giveaway Supports Families in Need
comfort and festivities to focus on the essentials. That is why we began hosting our annual turkey giveaway; in the first year, we gave away 50 turkeys to families in need. By 2022, that number had grown to over 300, and we are striving to increase that number. Hurricane Helena In the aftermath of Hurricane Helena, which claimed nearly 50 lives in South Carolina and caused billions of dollars in property damage, giving back to the community that has given so much to us over the years is an especially important goal for us. When we support one another, there is no limit to what we can accomplish. We have experienced this
firsthand as the people of Georgetown embraced our firm, and through your generosity and cooperation, we have been able to grow and thrive. We have all witnessed the brutal destruction the latest storm season has wreaked across the East Coast, and supporting one another, even in our own small way, can help to heal those wounds. That is why we are proud to host our ninth annual turkey giveaway on Nov. 25, the Monday before Thanksgiving.
We saw this personally when, nearly a decade ago, floods impacted many in our community of Georgetown. People had to spend what they had to rebuild the lives they had lost. They sacrificed
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ULTIMATE BAKED ZITI
A Seismic Shift in the Balance of Power In a landmark decision sure to reverberate across the nation, the Supreme Court has struck down the longstanding Chevron doctrine, a ruling that significantly curtails the power of federal agencies. This monumental shift in the legal landscape promises to have far-reaching implications, from environmental regulations to health care policies. The Chevron Doctrine Toppled For over four decades, the Chevron doctrine has been the bedrock of federal administrative law, granting agencies the authority to interpret ambiguous statutes they are tasked with enforcing. However, in a 6-3 ruling, the Supreme Court overturned this precedent, calling the doctrine “fundamentally misguided.” This decision marks a dramatic departure from the previous deference afforded to federal agencies, empowering the courts to rely on their own interpretation of the law. Implications Across the Spectrum Environmental regulations, health care costs, and economic policies are just a few domains that will face increased judicial scrutiny, as courts now have the authority to second-guess agency decisions. This shift could lead to more challenges to federal actions, potentially slowing the pace of regulatory changes and altering the balance of power between the branches of government. A Call for Vigilance and Engagement Citizens, businesses, and policymakers must closely monitor the implications of this landmark decision. Staying informed and engaged will be key as the courts grapple with the boundaries of federal agency authority. Only by remaining vigilant and actively participating in the process can we ensure the delicate balance of power is maintained and that people’s needs are effectively addressed. The Supreme Court’s ruling in Loper Bright Enterprises v. Raimondo and its companion case, Relentless, Inc. v. Department of Commerce , has sent shockwaves through the administrative state, fundamentally reshaping the relationship between federal agencies and the courts. This seismic shift will undoubtedly have far-reaching consequences, and it is up to all of us to stay informed, engaged, and ready to navigate the evolving legal landscape. THE SUPREME COURT SHAKES UP THE ADMINISTRATIVE STATE
Ingredients
• 1 (16 oz) package of dried ziti pasta • 1 onion, diced • 2 cloves garlic, minced • 1 (24 oz) jar marinara sauce
• 1 (14 oz) can
diced tomatoes • 1 cup ricotta cheese • 1 cup shredded mozzarella cheese • Salt and pepper, to taste
Directions
1. Preheat oven to 375 F. Grease a 9x13-inch baking dish. 2. Cook ziti according to package instructions. 3. In a large skillet over medium-high heat, cook the onion and garlic until softened. 4. Add marinara sauce and diced tomatoes, stirring to combine. 5. Stir in the cooked ziti and season with salt and pepper. 6. Transfer mixture to baking dish. 7. Top with ricotta and mozzarella cheese and bake for 20 minutes or until the cheese is melted and bubbly. TAKE A BREAK!
SOLUTION ON PAGE 4
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GEORGETOWN OFFICE 121 Screven Street Georgetown, SC 29440 (843) 995-5000
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SOLUTION TO SUDOKU
INSIDE THIS ISSUE 2. 1. Supreme Court Victory for Football Player Talk to Your Children The 9th Annual Turkey Giveaway
3.
Supreme Court Upends Federal Agency Power Ultimate Baked Ziti
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before the age of 21 to bring a civil claim for damages up until they turn 27. Unfortunately, however, this statute only applies to private schools, camps, and extracurricular settings. Children and teens who are abused in public schools or in camps or extracurricular activities organized though public schools (including summer camps for elementary students which are commonly organized though public colleges and universities) are currently without a remedy. This is a blind spot in the law, which our state’s legislature has yet to address. What we can all do to reverse this trend is talk to our children. Unfortunately, a healthy dose of suspicion is necessary when camp counselors, coaches, youth ministers, ski-trip chaperones, or anyone is afforded an opportunity to be alone with your children. In the two Richland County cases noted above, it took the courageousness of a fifteen-year-old student to finally bring
an end to Bradley’s access to school children. At the outset of this young student’s case, Deputy Bradley was still on campus, still abusing children, and was still widely heralded as a hero despite years of complaints about him. The odds were stacked in favor of the Deputy and against the students of Richland County. The Richland County Sheriff’s Department withheld documents requested by this student’s mother pursuant to a Freedom of Information Act request. It took a Court Order from the South Carolina Circuit Court and a sanction of Ten Thousand Dollars to the Department for violating FOIA before the public records detailing the years of prior complaints about this Deputy Bradley were obtained. The documents revealed a shocking pattern of abuse that ultimately led to Deputy Bradley finally being removed from the schools of Richland County and ultimately to being indicted. Much of the conduct for which he was indicted and ultimately convicted, however, happened prior to the abuse of our fifteen-year-old
client who ultimately blew the whistle on the Deputy Bradley. Multiple students could have been saved from abuse had the initial reports of Bradley’s misconduct simply been taken seriously by the school and law enforcement personnel to whom they were made. Oddly enough, Bradley was never charged in connection with his conduct with the fifteen-year-old student who blew the whistle, despite her being willing to testify against him in criminal court. We can’t continue to rely on school-aged children to have the courage to come forward despite the statistical realities to report sexual abuse before action is taken to prevent it. It is up to all of us as parents — as citizens — to be on guard on behalf of all the school-aged children and teens in our community. For a full version of Jenn Ableson’s exposé, please visit the Washington Post’s website or click the media banner on the homepage of our website.
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