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One is the cost-to-repair method, and the other is the diminished-value method. She knew all that was to be known about the area and its dangers. The case is Rogers v. Superior Metal, Inc., SD 33696, 2016 WL 442773 (S.D. The Missouri Court of Appeals for the Southern District has upheld a trial courts judgment in favor of a homeowner and against a contractor and its owners for damages and attorney fees. Negligence 120, p. 726. This material may not be published, broadcast, rewritten, or redistributed. These claims also include defects asserted as to materials used in the construction process such as concrete, windows, waterproof coatings and other building components, as well as associated claims of water intrusion and toxic mold. The user is cautioned to read all MSDS', and (2d) 387 (1976); Robinson v. Warner, 370 F. Supp. It is alleged that the defendant placed and left a 2 x 4 board across the bottom of a passageway between the sales area and the office-storage area. 2; 38 Am. She further testified that she did not look at the floor. See Compania Espanola de Petroleos, S.A. v. Nereus Shipping, S.A., 527 F. (2d) 966 (2nd Cir.1975), cert. 0000038025 00000 n
Its not often an individual can impact an entire industry; Jim Gray is one of those people. The complaint alleges that the defendant, a construction company, was, on the day of the injury, March 14, 1967, engaged in the remodeling of White's department store. WebA court order is forcing Jack Daniel's to stop construction on a barrel house in Tennessee. Such conduct, if culpable at all, could only amount to simple negligence. 0000006241 00000 n
Demolish existing deck and construct 1-story 408 square foot addition in the same footprint of existing deck, Type: building single family class: alteration to structure or system, , kirkland (myers) interior remodel:i nterior remodel of master bathroom in single family residence. The language used in that case, however, is relevant here: "The question of whether or not a plaintiff, charged with prior knowledge of a dangerous condition, can avoid the imputation of contributory negligence by showing that he had momentarily forgotten the danger at the time of the accident is the subject of an excellent annotation in 74 A.L.R.2d 950. Once completed, according to the appellate court opinion, the building had numerous construction defects. Lambda Legal, the American Civil Liberties Union, ACLU of North Carolina and Equality North Carolina filed a lawsuit challenging North Carolinas sweeping anti-LGBT law, HB 2. WebCooper (formerly Carcao v. McCrory) Lambda Legal, the American Civil Liberties Union, ACLU of North Carolina and Equality North Carolina filed a lawsuit challenging North Appellant, McCrory-Sumwalt, asserts it was error to compel it to submit to a consolidated proceeding absent contractual agreement or statutory authority. Top 90 Hospital Facility Contractors + CM Firms for 2022 Turner Construction, Brasfield & Gorrie, DPR Construction, and JE Dunn top the ranking of the nation's largest hospital facility contractors and construction management (CM) firms for 2022, as reported in Building Design+Construction's 2022 Giants 400 Report. WebA court order is forcing Jack Daniel's to stop construction on a barrel house in Tennessee. From the authorities, certain principles, which we consider sound, may be deduced. Connor v. Farmers and Merchants Bank, 243 S.C. 132, 132 S.E.2d 385 (1963), quoted in Blount, Appellant as an independent contractor was charged with a duty of due care to leave the premises in a safe, Full title:Rutha Mae BLOUNT, Respondent, v. McCRORY CONSTRUCTION COMPANY, Appellant. (2d) 787 (Minn. 1973); James Stewart Polshek & Associates v. Bergen County Iron Works, 142 N.J. Super. 168, 94 S.C. 462; 75 S.E. 0000001912 00000 n
Exber, Inc. v. Sletten Construction Co., 558 P. (2d) 517 (Nev. 1976); Grover-Dimond Associates v. American Arbitration Association, 211 N.W. You have permission to edit this article. The trial court found for Rogers on all counts, awarding $23,500.00 in damages, $10,000.00 in attorney fees, and $1.00 for punitive damages. WebManion was employed as a carpenter by the general contractor on the job, McCrory & Sumwalt Construction Company. The law recognizes that the person of ordinary reason and prudence sometimes forgets, is sometimes inattentive, and is not perfect or infallible. No public agency has approved the design or the materials specified. v. It worked. Make your practice more effective and efficient with Casetexts legal research suite. EPISCOPAL HOUSING CORPORATION, Respondent, This is not the first time McCrory's office has responded to public records lawsuit by criticizing the presumed motives behind the group attempting to access records. Before the construction project commenced there existed a wall and a swinging door three feet wide between the ladies ready-to-wear area, where the plaintiff was basically engaged, and the adjoining office-storage room where she was required to go often each day to confer with people in the office, and to get things out of stock. RALEIGH, N.C. -- After weeks of taking a beating from critics over North Carolina's law dictating which restrooms transgender people can use, Gov. This fourth defense was stricken from the answer by Judge Baker. Jim Gray, chairman of Gray Construction, was recognized as a founding father of the Design-Build Institute of America (DBIA), an association dedicated to the design-build process. 0000002319 00000 n
The governor, trying to reshape the narrative as he fights for his political life, sued the Obama administration last week and accused officials of yet another overreach into state business. not have a license - please WebACT NOW: Tell the Biden administration how it should apply these new proposed rules using a prewritten message or add your own personal message on which construction materials will face significant challenges in complying with new requirements or shortages that are impacting your projects and bids. Both the architect and the builder moved for arbitration, and a consolidated proceeding was ordered by the Honorable Walter Bristow. 2 men found drugged after leaving NYC gay bars were killed, medical examiner says, Rep. Marsha Blackburn discusses "bathroom law" debate and Supreme Court birth control sidestep, Mixed reaction to Obama administration directive on transgender students, Texas official claims Obama transgender rules are "blackmail", Trump says transgender rights should be left to the states, Kentucky school principal defends bathroom guidelines, White House guidelines on transgender rights at school, Pittsburgh woman missing for 31 years found alive in Puerto Rico, Man finds giant clam estimated to be 214 years old, North Carolina's law dictating which restrooms transgender people can use. These claims include, but are not limited to, both design and construction issues pertaining to everything from the structural design to the architectural features, from the soils through the foundations to the walls, windows, mechanical and electrical systems and the roofs. BuildZoom does the homework for you and helps you hire the right contractor. Read more about why hiring through BuildZoom is so effective. The distraction which plaintiff contends diverted her attention was the fact that she elected to be looking at the check instead of where she was going at the moment she fell. 1410 McCrory St, North Port, FL 34286 is a 3 bedroom, 2 bathroom, 2,196 sqft single-family home built in 2023. | Site designed by Trippco Creative, St. Louis Council of Construction Consumers, Planning ESOPS for Construction and Real Estate Firms, KWAME/HR Green Joint Venture Team Begins Airfield Improvement Project at Lambert-St. Louis International Airport. WebThat lawsuit is essentially on hold while the North Carolina Court of Appeals considers an appeal from attorneys representing McCrory. It was prompted by a lawsuit from locals outraged by an alcohol-fed fungus engulfing their homes. 0000000016 00000 n
Unlock this free profile The fallout continues for Brown-Forman corporation and Jack Daniels after a Lincoln County judge issued an order that will halt the construction of new whiskey Jur., Par. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Superior Metal refused to issue a refund. Their communications with Rogers, according to the court, were affirmative participation in the actionable wrong and so justify imposition of individual liability. Their personal liability stemmed from fraud, not just breach of contract. This defense in the amended answer was stricken by Judge Timmerman. Copyright 2016 WBTV. total area of work = 688 sf, BuildZoom hasn't received any reviews for, Please write a review about Jl McCrory Construction LLC. Do you work for this business? *183 Subsequently, the owner made a motion that the arbitration demanded by the architect and the builder be consolidated into one proceeding. The appellate Plaintiff was walking from the storage room to the sales floor through the passageway when she tripped and fell, resulting in personal injuries. paint shop for Volvo Car US Operations Inc. Clemens Food Group; and a state-of-the-art facility for, Food Engineering Magazines 2018 Plant of the Year. 0000038419 00000 n
The swinging door to which she was accustomed was gone; the opening was narrowed from three feet to two feet. 0000002924 00000 n
*No liability is assumed, expressed, or implied for the use of this design or any notes or dimensions appearing on the sheet bearing this disclaimer by any entity. At the time involved the defendant, a construction company, was remodeling the interior and adding another story to the building. Based on the prosecutors' $65 million estimate, federal sentencing guidelines would recommend a maximum of 23 years in prison for Epps. As to Appellant owing Respondent on duty other than not to wilfully injure her: 245 S.C. 275, 140 S.E.2d 177; 239 F. Supp. WebUncaring and unorganized. They are incredibly disconnected and uncaring. 2016 The Associated Press. The evidence is not susceptible of the inference that McCrory was guilty of wilfulness, wantonness or recklessness. 662, 106 S.E.2d 799. 0000001846 00000 n
516, 362 A. She testified that she fell as she returned through the opening because her heel caught on the 2 x 4 board. As part of our story on McCrory's travel, we also requested records from the North Carolina Highway Patrol in January. McCrory's "continued to make the situation worse every day," said Jared Leopold with the Democratic Governors Association. Bucknor for rejecting handshake: Zero class, Man shot and killed after fight in downtown St. Louis, Liberty High student killed in St. Charles shooting could heal you with a smile, Fate of St. Louis Fox Theatre still undecided, Brothers who did everything together, fashionista among victims in fatal St. Louis crash, Centene expects to lose millions of Medicaid customers beginning in April, Arch Madness: 2023 MVC Basketball Tournament bracket, schedule, game times, TV info, St. Louis man charged in quadruple fatal crash; police say he ran off with his license plate, St. Louis prosecutors staff down by nearly half as caseloads jump. CA Thatlawsuit is essentially on hold while the North Carolina Court of Appeals considers an appeal from attorneys representing McCrory. WebAND CONSTRUCTION SUGGESTIONS ONLY. The user is cautioned to read all MSDS', and By BD+C Staff | October 6, 2022 This decision may open new personal liability against owners of construction companies. ", First published on May 19, 2016 / 10:53 AM. 104; 98 Ga. App. trailer
Jl Mc Crory Construction Llc has a $12,000 bond with American Contractors Indem Co. 63 (46) p. 744; 245 S.C. 275, 140 S.E.2d 177; 240 S.C. 46, 124 S.E.2d 580; 192 S.C. 284, 6 S.E.2d 46; 380 F.2d 704; Anno. LaCivita said Lynch's legal challenge and last Friday's Obama administration directive to public schools nationwide to let transgender students use bathrooms and locker rooms that match their gender identity "reinforced and prove what the governor's been saying all along. "The general rule for determining whether forgetfulness by a plaintiff of a known danger constitutes contributory negligence is no different from the rule applied in other situations, that is, forgetfulness or inattention will amount to negligence if it amounts to a failure to exercise due care. "25 years ago, Gray Construction was already proving the naysayers wrong by delivering some of the nations best design-build projects, and Jim Gray was determined to expand those successes to all 50 states. The owner of an apartment complex (Episcopal Housing Corporation) brought this action against the architect (Lafaye Associates, Inc.) and the builder (McCrory-Sumwalt Construction Co., Inc.) alleging defects in design and construction. 426 U.S. 936, 96 S. Ct. 2650, 49 L.Ed. Our building permit records indicate that Jl McCrory Construction LLC has worked on at least Although the Federal Arbitration Act does not provide for consolidation unless the contracts specifically so provide, federal courts have deemed it appropriate under some circumstances. The panel included a spirited He also joined a brief last fall siding with a Virginia school district in its efforts to dictate school bathroom use on the basis of biological sex. The trial court found for Rogers on all counts, awarding $23,500.00 in damages, $10,000.00 in attorney fees, and $1.00 for punitive damages. According to the complaint, an attorney for the group requested travel records from McCrory in July 2015, including flight activity reports and logs from the NorthCarolina Highway Patrol. We think it cannot be forcefully argued that a warning was of consequence nor that she did not fully appreciate the danger inasmuch as she has admitted that she passed through the opening numerous times every day for four to ten days. (2d) 63 (1976); In the Matter of the Arbitration between Chariot Textiles Corp. and Wannalancit Textile Co. and Kute Kiddies Coats, Inc., et al., 18 N.Y. (2d) 793, 221 N.E. 0000004462 00000 n
The standard board recommendation is to get at least three written bids before hiring a contractor. At this stage of the construction a representative of the store requested the defendant to leave the wall board off this opening for the time being so that White's employees could use this means of going back and forth to the stockroom and to the office area. Assuming that the defendant was culpable we think that its conduct, to the exclusion of all other reasonable inferences, amounted to no more than simple negligence. HONOLULU (CN) A Native Hawaiian man has sued the state of Hawaii, the city of Honolulu and a real estate developer to stop construction work and halt pending permits until proper assessments and consultations can be done after Native Hawaiian burial sites were uncovered during a redevelopment project in one of Honolulus major A judge later issued a written ruling in which he admonished the McCrory administration. The subject is also treated in 38 Am.Jur. Lumpkins suit alleges that MSD began raising issues with his companys work and eventually removed him from the controversial tunnel project after an April 2016 MSD board meeting where he accused another company of gaming MSDs minority contractor rules. WebAND CONSTRUCTION SUGGESTIONS ONLY. 325; 224 S.C. 244, 78 S.E.2d 376; 169 S.C. 396; 96 S.E. WebConstruction Defect Litigation. We affirm. 2@B J `l9D(a- d cf
`a4wQ `p4 (Px@DGd4>8qH](Q d!`+n`{Y9@fm7CzL*$R'9B(I)x/8/A(/)a But the contractor presented no evidence regarding the diminution in the value of the property and thus the Southern District on appeal affirmed the trial courts decision that the damages for faulty construction were $23,500.00. I most respectfully dissent. The panel included a spirited discussion of the founders recalling fond memories of the early days as well as ideas for what the future could hold. Defendants contended that there was no evidence to itemize any attorney fee time and thus no support for attorney fees. Celebrating 25 years as an association, Gray appeared on a founding fathers panel alongside Preston H. Haskell of Haskell; Kraig G. Kreikemeier of Kreikemeier Group, LLC; Richard M. Kunnath of Pankow Foundation; and Donald G. Warren of McCrory Construction Company, LLC at the DBIA annual conference in New Orleans, Louisiana. About McCrory Construction McCrory Construction, headquartered in Columbia, S.C., with an additional office in Greenville, S.C., is a full-service general contractor that has operated continuously since 1918. Research the case of BLOUNT v. MCCRORY CONSTRUCTION CO., from the Supreme Court of South Carolina, 09-04-1970. We work hard to figure out who the great contractors are, and who the bad 0000038185 00000 n
138, 109 S.C. 343; 8 S.E.2d 908, 193 S.C. 378; 145 S.E.2d 680, 247 S.C. 124. WebMcCrory Construction was established in response to an increasing demand amongst our client base for an expanded service. Joining McCrory on the firms newly expanded Senior "(c) In maintaining said passage way in a dangerous and unsafe condition. Subscribe with this special offer to keep reading, (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). If you are thinking of hiring Jl McCrory Construction LLC, we recommend double-checking their license status with the license board and using our bidding system to get competitive quotes. 0000019905 00000 n
Accordingly, we do not reach the other issues. BuildZoom is a database of every licensed contractor in the United States. As stated in the Espanola case, 527 F. (2d) at 975: "[W]e think the liberal purposes of the Federal Arbitration Act clearly require that this act be interpreted so as to permit and even encourage the consolidation of arbitration proceedings in proper cases ". HSMO0 The 5. If any distraction there was, it was of the plaintiff's own creation. 284, 91 S.C. 477; 65 S.E.2d 322, 220 S.C. 26; 86 S.E. "We have worked on gathering records that are responsive to your request," Stephens wrote. Peter Renn, Staff Attorney project. no net increase in plumbing fixtures. These claims also include defects asserted as to materials used in the construction process such as concrete, windows, waterproof coatings and other building components, as well as associated claims of water intrusion and toxic mold. 20, p. 595; 88 F. Supp. In this regard, the firm has no equal in terms of experience and success in defending these types of cases. P%nv,Di2T`3;KBZQJ&itZiB,AeeLyFquErTJ8 %#t$,>km McCrory's office criticized the new lawsuit as a political stunt in a response issue late Tuesday afternoon. Sign up for our newsletter to keep reading. Superintendent (Former Employee) - Columbia, SC - April 15, 2021. 133; 243 S.C. 132, 132 S.E.2d 385; 165 So.2d 801; 400 P.2d 518. 0'>oHG+[2CECpIUn3 _G)? The Washington State Department of Labor & Industries requires licensees to maintain a bond and liability insurance for the protection of consumers. It cited MSDs decision in June 2016 to remove the company from its small contractors program. It merely eliminated a door, and after the footing was placed, acquiesced in the request that the passageway be left open such that this plaintiff and others could conveniently go to and from the adjoining rooms. The lawsuit claims that the planning and zoning department involved in the construction of the distilleries fail "to meet the building requirements for a structure to house a hazardous material." psf21-07263 bsf21-06647, 2018 irc - rrem - removal of wall in living room/dining room removal of wall in lower level addition of bathroom and non-load bearing walls in room next to garage in lower level. Entertainers from Bruce Springsteen to Pearl Jam canceled shows in protest of the law, which also limits local government anti-discrimination protections for lesbian, gay, bisexual and transgender people. It was, in fact, removed after plaintiff's injury. WebMcCrory filed one lawsuit and Senate leader Phil Berger and House Speaker Tim Moore filed a second lawsuit against the United States, both in the Eastern District of North Carolina (assigned to Judge Terrence Boyle ), [47] seeking declaratory judgment that 0000037288 00000 n
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The motion asks a judge to allow WBTV to add themselves as a second plaintiff in the case. By proper exceptions defendant raises these questions: 1. f\aC1:&ET\L/d00ma*g`VgdX`xi/c>L3y]tvh
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@wd$~|1I-`e2Hi&.t80v6Mi[+nrhSD%x0Za4J)Gn"LbVp*?9%sp2(V!8p@Hc?At#GdDW) ($B\VPT wSPS' $\;5*. This appeal is from an order requiring the parties to submit to a consolidated arbitration proceeding. There is no mention of the $1.00 assessed in punitive damages. den. Found email listings include: 112; 38 Am. Thereafter an amended answer was served, alleging that plaintiff was barred from recovery because she had entered into an agreement with White's department store and someone representing White's interest. Rain falls on power lines in downtown Roanoke Friday night. Rain falls on power lines in downtown Roanoke Friday night. 1914 A. 'y`q! "He's in a tricky political situation running against the federal government," said Thomas Keck, a political science professor at Syracuse University, who studies politics and the courts and has written about LGBT rights. This question is for testing whether you are a human visitor and to prevent automated spam submissions. Email notifications are only sent once a day, and only if there are new matching items. 6. The lawsuit asks that a judge convene a hearing to review records responsive to Real Facts NC's request and to enter an order declaring the requested records to be public. for any job, commercial or residential. 0000037745 00000 n
Just why the new doorway had not yet been opened is not clearly reflected by the record, but the closing of the old doorway had to be halted so that the passageway could be maintained until the new doorway was constructed. Let the case be remanded for entry of judgment under Rule 27. WebWho is McCrory Construction Headquarters 522 Lady St, Columbia, South Carolina, 29201, United States Phone Number (803) 799-8100 Website www.mccroryconstruction.com Therefore, it is settled that mere forgetfulness or inattention is insufficient. WebThe lawsuit was filed in May in St. Louis County Circuit Court and accuses HOK and Jacobs of breaching its contracts. McCrory Construction, LLC Company Number 000-548-143 Previous Company Numbers. Under the facts involved this court reached the opposite conclusion. He discussed the project with Randy Mueller, one of the owners of Superior Metal. 386, 91 S.C. 523, Ann. Know the laws in your state that protect LGBT people and people living with HIV. WebThe complaint alleges that the defendant, a construction company, was, on the day of the injury, March 14, 1967, engaged in the remodeling of White's department store. This action for personal injuries was tried before Judge Timmerman and a jury, resulting in a verdict for the plaintiff in the amount of $15,000 actual damages. Earlier this year, an On Your Side investigation found McCrory took at least $60,000 worth of flights on state aircraft that could have been avoided. This Court affirmed Judge Bristow's order in its entirety except for the portion requiring the bonding company to submit to arbitration. Gov. The contractors first challenge on appeal was that the owner did not present any evidence as to how the alleged construction defects diminished the value of his property. 943; 237 S.C. 573, 118 S.E.2d 340; 217 S.C. 203, 60 S.E.2d 231; 227 S.C. 351, 88 S.E.2d 260. This property is currently available for sale and was listed by Stellar MLS / MFRMLS on Nov 23, 2022. Currently, Gray has several large projects that are under way or recently completed including: anew global logistics parts consolidation center (PCC) for Mercedes-Benz in Woodstock, Ala.; custom-fitted NorthStar Kitchens for Champion in Alberta, Canada; a new paint shop for Volvo Car US Operations Inc. in Ridgeville, S.C.; a fresh pork processing facility in Coldwater, Mich., forClemens Food Group; and a state-of-the-art facility for Kraft Heinz in Davenport, Iowa, named Food Engineering Magazines 2018 Plant of the Year. BuildZoom has one simple purpose: To help you find the perfect contractor WebMcCrory Construction, headquartered in Columbia, S.C., with an additional office in Greenville, S.C., is a full-service general contractor that has operated continuously since 1918. The swinging door had been removed; the trim of the door had been removed, and vertical studs had been installed within the doorway reducing the opening to a width of two feet; a 2 x 4 shoe, or footing, had been placed on the floor to support the wall. The firm has represented major concrete suppliers against claims of defective concrete brought by multiple homeowners in large defect cases. Second-lowest bidder, SAK Construction of O'Fallon, Mo., given contract. WebOn 09/30/2022 BBB confirmed that JL McCrory Construction LLC had not obtained a necessary license from Washington Department of Labor & Industries. "It was not so very long ago that states, including North Carolina, had other signs above restrooms, water fountains and on public accommodations keeping people out based on a distinction without a difference," said Lynch, a North Carolina native. report high rates of satisfaction, and homeowners who research There are a lot of questions about who this board is answering to if theyre not responsive to staff, Lumpkins attorney, Lynette Petruska, said. Licensed contractors in Washington are required to maintain general liability coverage that includes a $50,000 property damage policy and $200,000 public liability policy; or $250,000 combined single limit policy. Charles B. Bowers and William H. Smith, Jr., Columbia, and Leatherwood, Walker, Todd & Mann, Greenville, for respondent. The fallout continues for Brown-Forman corporation and Jack Daniels after a Lincoln County judge issued an order that will halt the construction of new whiskey barrel storage warehouses. Its not often an individual can impact an entire industry; Jim Gray is one of those people. I complained, thought I was doing the right thing, how nave of me to think that somebody cared. WebThere are three classes of license for contractors, from A to C. These are based on the size and scope of projects. One described his property as coated in the sootlike fungus fueled by the whiskey's aging process. Lambda Legal | 120 Wall Street, 19th Floor, New York, NY 10005 | P - 212-809-8585. "When you're talking about public restrooms, that directly raises that historical analogy" to racial segregation, Keck added. "(e) In failing to erect any warning signs of the dangerous and unsafe condition of the passage way.". includes plumbing (referenced in supplemental), Type: plumbing single family - psf class: alteration to structure or system, , vanlaningham- interior remodel of kitchen main floor bathroom master bathroom and replacing the existing main floor interior fireplace with a new fireplace (same size/location). (, Brief of Amicus Curiae Columbia Law School Sexuality and Gender Law Clinic (, Brief of Amici Curiae Scholars Who Study the Transgender Population (, Addendum to Brief of Amici Curiae School Administrators (, Brief of Amici Curiae School Administrators (, Brief of Amici Curiae Anti-Sexual Assault and Domestic Violence Organizations (, First Amended Complaint for Declarative and Injunctive Relief (, Complaint for Declarative and Injunctive Relief (, Memorandum Opinion Order and Preliminary Injunction (, Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction (, Letter to the Honorable Loretta Lynch and W. Neil Eggleston Regarding North Carolina's HB2 (, Letter to North Carolina School Officials Re: HB 2 (, Court Says NC Law Does Not Bar Transgender People from Public Facilities, 120 Wall Street, 19th Floor, New York, NY 10005. 0000031306 00000 n
McCrory disagrees that he's refusing to carry out established civil rights law and said the courts should be the arbiter. McCrory is poorly run. This provides consumers with financial recourse in case they perform defective work or violate license regulations. "It included pejorative references to Plaintiffs, questioned their motives in requesting public records and in pursuing this litigation, and suggested that Defendants may not assign appropriate priority in compliance with the Public Records Act," Judge John Craig wrote. Nichole is curr ently based in Columbia, South Carolina. Mo. The appellate court also decided that owners Mueller and Holtzman were individually liable given the trial courts finding of fraudulent misrepresentation. 4. at the DBIA annual conference in New Orleans, Louisiana. As to error on part of trial Judge in granting Respondent a new trial on ground of inadequacy of verdict: 248 S.C. 235, 149 S.E.2d 623; 247 S.C. 536; 66 S.C. 302, 44 S.E. accountable to us. The Southern District noted that the cost method is the preferred method to recover damages and that the diminished-value measure should be used when the cost to repair method would cause unreasonable economic waste. In other words, if the cost to repair far exceeds the diminished value of the property, then the diminished value of the property is the proper measure of damage.