Legal Opinion
Proctor v. Department of Health & Environmental Control
Court of Appeals of South Carolina
Decided March 20, 2006No. 4098PublishedCited by 34 opinions
1Opinion of the Court
ANDERSON, J.:
A jury rendered a $688,503 verdict for Doug Proctor d/b/a Anderson Tire Recycling (Proctor) against the Department of Health and Environmental Control (DHEC). The circuit judge reduced the award to $300,000 pursuant to S.C.Code Ann. § 15-78-120(a)(l). DHEC contends Proctor failed to prove gross negligence; the trial court incorrectly charged the jury; and the damages awarded were so unduly liberal or grossly excessive as to require a new trial. We affirm.
FACTUAL/PROCEDURAL BACKGROUND
Proctor owns and operates a waste tire processing and disposal facility in Anderson County, South…
2Cases cited115 opinions
- Stump v. SparkmanSupreme Court of the United States · 1978
- Mireles v. WacoSupreme Court of the United States · 1991
- Forrester v. WhiteSupreme Court of the United States · 1988
- City of Tyler v. LikesTexas Supreme Court · 1998
- McCall v. BatsonSupreme Court of South Carolina · 1985
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3Cited by34 opinions
- Jones v. LottSupreme Court of South Carolina · 2010
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- Pope v. Heritage Communities, Inc.Court of Appeals of South Carolina · 2011
- Shirley's Iron Works, Inc. v. City of UnionSupreme Court of South Carolina · 2013
- State v. SweatCourt of Appeals of South Carolina · 2008
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