South Carolina Injury Law Journal - Anderson and Greenville Lawyer & Attorney Workers' Compensation Cases, Product Liability Lawsuits, and Accidents

After reading Rick Spruill's article in the Anderson Independent about the revenue brought in from traffic citations in Anderson, a line from the song in The Dukes of Hazzard, came quickly to mind:

"Making their way the only way they know how but that's just a little bit more than the law will allow."

Mr. Spruill reported that over the past few years, Anderson has brought in over $1,868,218 in revenue from traffic citations. More specifically the break down is as follows:

Anderson city traffic fines, 2005-2009

2005: $306,506

2006: $343,566

2007: $313,139

2008: $468,968

2009: $436,039

So we had a recession and some money had to be made up somewhere? The best part of the article is the last paragraph where Mr. Spruill was inquiring with Capt. Jim Stewart about quotas. Capt. Stewart denied that there were in ticket quotas but said they do compare from year to year.

Capt Stewart stated:

“We keep count to see how we compare and to track trends,” he said. “The number one priority of road patrol is not to issue tickets, it’s to reduce injuries and fatalities. There are a lot more cars on the road and a lot of our wrecks come as people are entering and leaving a business.”

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It sounds so simple but so many people I interact with from Greenville, Anderson, Oconee, Seneca, Clemson, and the remainder of South Carolina, have a hard time understanding that lawyers are not doctors. 

If you are hurt, hurting, in pain, or otherwise not in the same physical, mental, or emotional state you were in prior to some traumatic injury, or incident, then you should seek medical advice.  Doing this simple act can help you on several fronts:

1. This helps diagnose and assess your problems;
2. This helps you get better; and
3. This helps objectify and validate the change(s) in your condition.

Having grown up in the rural area of Prosperity, South Carolina and now working for people from similar areas of the state, the comment:

"I dont like going to the doctor. They are just going to give me medication and run up a lot of bills."

is a comment I hear all too often. However, try telling that evil insurance company that you are hurt, hurting, in pain, or otherwise not in the same mental, physical, or emotional condition you were in before ____________. (fill in the blank-wreck, slip & fall, dog bite, injury at work, and/or negligent product).

Try figuring out a reasonable and fair amount to be compensated for your injury when you are the only voice or piece of evidence in your favor. Think that evil insurance company will believe you more or a disinterested third party that has no interest in the outcome?

I know, most times the evil insurance adjusters wouldn't believe they were on fire if they saw their skin melting but you can only do your part as a reasonable person. Leave the insurance fighting to those that do it all the time and fight for your rights--trial lawyers, aka Trey Mills.

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Now-a-days people always talk about everyone being a winner and I am not someone that subscribes to that theory. In competition, not everyone can be a winner. However, participating in The Leukemia & Lymphoma Society South Carolina Man & Woman of the Year Fundraiser may be a more appropriate time to indicate everyone as winners.

There were five contestants, two females and three males, vying for the title but more importantly they were doing so by raising money for the fight against blood cancers such as leukemia, lymphoma, and myeloma. The South Carolina Boy of the Year was Josey Hale. The South Carolina Girl of the Year was Nadia Morris-Young.

The turning point in all this was realizing close to 15 years ago, I was a patient that was recognized to give a face to the fundraising and physical efforts to a Team in Training as they prepared for a marathon.

As I talked with Josey and Nadia last night, it struck me how many blessings I had been given to be healthy and in a position to help an organization that assists so many. It's nice to be reminded of the wonderful opportunities every day brings.

The opportunity to see life come full circle from patient to Man of the Year was amazing. No doubt a wonderful reminder of God's grace, glory, and presence. I certainly felt a momentary shudder as I had a sense that my Mom was looking down on me, as well as, a good friend that lost her battle with cancer as we were going through the trenches together.  Peace be with you.......

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Every 4 minutes one person is diagnosed with a blood cancer.

I was one of those people 14 years ago and as of March 13, 2010, I am embarking upon a ten (10) week fundraising effort to raise $15,000.00 for the Leukemia & Lymphoma Society.

Every dollar counts as one vote, and the titles are awarded to the man and woman with the most votes at the end of ten weeks; the top local fundraisers in the country win the national titles.

Funds raised by the Leukemia & Lymphoma Society Man & Woman of the Year participants are used for:

• Lifesaving blood cancer research
• Financial assistance to cover patient expenses for transportation, medication and testing
• Free educational materials and events for patients and their families
• Local programs such as Family Support Groups and First Connection, a peer-to-peer counseling program
• Comprehensive, personalized assistance through our Information Resource Center

Get in the game and start supporting this cause. If not for me, for the cause itself.  I would appreciate any financial assistance you could provide. Yes, I am financially contributing thousands of dollars that I am not counting towards the $15,000.00 goal, so you are  not alone.

Go to the Leukemia & Lymphoma Society Man of the Year personalized website to donate! Or by clicking here.

http://scar.mwoy.llsevent.org/pledge/index.cfm?mid=TREYMILLS

I have previously written about my cancer experience and after you donate money feel free to read it. If you don't donate money, you can't read it.

(Bad Word) If You Have Never Had Cancer!

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The Anderson Independent was reporting that a young lady, Julie George, was charged with one count of felony driving under the influence involving a death for an accident that occurred in Anderson County on Friday, March 5, 2010.

According to the South Carolina Department of Public Safety, this was the tenth death in a motor vehicle crash this year in Anderson County, the highest year-to-date of any county in the state. Ms. George admitted to texting while driving in the moments before the wreck and was unable to pass preliminary alcohol tests. 

The driver that Ms. George struck head on and fatally injured had a 7-month old child and fiancee. 

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I was stepping out of my car onto a curb the other day in downtown Greenville, South Carolina and heard my left foot "pop" three quarters of the way up the foot on my left side.  I immediately felt pain and could not put weight on my foot.  I went straight to the nearest emergency room, which was St. Francis Hospital. 

The nursing staff and front end people were amazing. They got me in, took my information, got me back to a room in less than thirty minutes. The x-ray technician came and wheeled me into the x-ray room and then carted me back. All that was done within an hour and half. Amazing and I was impressed (at that point).  

Then I felt I was living in Dr. Seuss' "Waiting Place" from Oh! The Places You Will Go. Finally a PA, or physician's assistant, came in and pushed around on the area I indicated was in such pain. I jumped around of course as she did that and she made the comment that maybe she should go look at the x-rays. Really!? The ones you ordered before you ever saw me?

Lastly a nurse comes in and gives me an Ultram tablet and says they are going to wrap the broad side of my foot in an ACE Bandage. Really!? Why? What was the results of the x-rays? Why can I not put weight on it?

No doctor, no consult as to the result of the x-ray, no explanation as to what is wrong with my foot if nothing was broken. Or were they just going to send me home with a fracture to follow up? Did I mention that outside of nursing staff I had billing come back and take my $250.00 co pay for my ER visit?  Money paid and claims will be filed on my health insurance but for what? I got a form that says I saw a doctor. I never saw a doctor. Do you think I will be charged for seeing one? 

When I responded I wasnt leaving until someone explained the results of the x-ray, the possible diagnosis, what I could do to get better, and what I needed to watch out for, they sent the PA back in.  She apologized for it being so hectic (calmest ER I have ever seen and my mother was ER nurse at Lexington Medical Center for 15 years-so I have seen hectic ERs) and then told me I had a sprain.

Fast forward two weeks and I am still in pain and can not put much weight on my foot. I go to Anderson Medical Center, they refer me to Blue Ridge Orthopedics and low and behold, x-rays reveal a broken metatarsal bone in my foot (one of the bones that leads to your toes).

Important things to take from this:

1. This is not worthy of medical malpractice. Medical professionals range from good to bad just like all professionals.  St. Francis provided poor care. That's it. Move on.
2. If you have a personal injury, only you know how your body feels.
3. If you are unhappy with services provided to you, try another hospital, doctor, or medical provider.

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An interesting thing happened while I was sitting and enjoying live music by Swift Robinson at the Esso Club in Clemson, SC after the Clemson vs. Wake Forest game; a girl at our table pulled out a breathalyzer to test everyone's alcohol level.  Several people at the table registered double the legal limit and thought it was funny because they felt they could still operate a 5,000 lb vehicle on the roadways of South Carolina. Fortunately for my friend, I was not drinking but the couple that had pulled out the breathalyzer later left together and drove home (even though they both registered over the legal limit).

This happens in every state, college town, social scene, professional night out, etc. We have all done it and I am not one to point fingers without admitting to my own ignorance in getting behind the wheel when there could be a question as to my level of impairment.  However, what none of us think about are the consequences of killing someone and going to jail for an innocent night out for a few drinks. I never thought about it and thank God everyday that as dumb as I have been on occasions, I have been fortunate enough to only harm myself. (fortunate compared to the alternative).

I am willing to bet the two drivers that got charged with felony DUI's this past weekend in the upstate did not think they would kill someone when they got behind the wheel.  YET THEY DID.

• Douglas Dodgens, 52, was taken to Greenville Memorial Hospital where he was pronounced dead.  The 30-year-old driver of the car that hit Dodgens’ car was charged with felony driving under the influence. -as reported by The Greenville News;
• Zion Faith Mills, 17-year-old Lyman girl, was killed and five people were injured in a wreck outside Greer. The driver in the one-vehicle accident has been charged with felony driving under the influence. -as reported by The Greenville News.

My buddies in New York are amazed at the amount of drinking and driving down South and attribute it to our lack of knowledge in using public transportation.  I often refute that public transportation is not as readily available down here as up there but nonetheless, they are right.  Call a cab, friend, or just have a sober driver.

Felony DUI charges are not cheap to fight, civil lawsuits and settlements against the at fault driver's insurance company are not going to replace the lives lost, and jail is considered a punishment because no one wants to be there, neither do you.

Be smart, spend $20-50 on a taxi vs. $30,000 on a criminal defense attorney and living with the knowledge of what you have done to someone and their family.

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The Greenville News reported:

The South Carolina Supreme Court dismissed disciplinary charges Monday against an Upstate personal injury lawyer known for his catchy television ads, putting an end to a years-long legal battle over whether one of the attorney’s ads aired years ago made misleading promises about protecting jobs.

This investigation arose out of a letter from an anonymous complainant (most likely a competitor) that argued an advertisement Joel Bieber began running in December of 2003 left the impression that hiring Bieber would mean a client wouldn't lose his job. 

Joel Beiber's ad stated this:

It's not your fault that you were hurt on the job, but I know you're afraid to file a job injury claim. You're afraid your boss won't believe you're really hurt, or worse, that you'll be fired. We'll protect you against these threats and these accusations and work to protect your job.

Bieber, who pulled the ad following the complaint, stated that the ad asserted only that he would work to protect a job and offered no guarantees.

All lawyers, more specifically as it pertains to advertising personal injury lawyers, must adhere to the Rules of Professional Conduct. Those Rules specifically outline communications lawyers can make as to their services.

A lawyer shall not make false, misleading, deceptive, or unfair communications about the lawyer or the lawyer's services. A communication violates this rule if it:

(a) contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading;

(b) is likely to create an unjustified expectation about results the lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate the Rules of Professional Conduct or other law;

(c) compares the lawyer’s services with other lawyers’ services, unless the comparison can be factually substantiated;

(d) contains a testimonial; or

(e) contains a nickname, moniker, or trade name that implies an ability to obtain results in a matter.

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At some point every male that participated in the Outstanding Men of Greenville Bachelor Auction  last night was propositioned, pinned, cajoled, and otherwise guilt tripped into helping out for a good cause by Shay Hewitt.  I got caught when I was hanging out at the bar at Rick Erwin's after a sales pitch by Chris Norton of Walton International. Ms. Hewitt came over working the crowd and discussing the amazing things that she has been involved in with her designing and event planning for good causes.

Next thing I know, I am at Sassafras in Greenville walking in front of a bunch of women with wine and other drinks trying to raise money by auctioning off myself. Fortunately for the fundraising part of this event, all was not lost and even I brought in several hundred dollars in bidding. I didn't even have to give the signal to my cousin in the crowd to keep me from going too low. ( I had provided her with crisp 100's to assist with a recession like market).

This week is/has been full of charity events and pro bono opportunities. (Don't forget about the YMCA's Blue Jean Ball for Camp Greenville). It's good timing for giving back considering the recent passing of a local physical therapist, Scott Shuey. A man that lived his life in such a way to make you envy the purity and goodness of it.  Scott worked several doors down from my office and I would see him come in after receiving both his diagnosis and subsequent treatment. He went from a physically fit man to a physically fit bald man. He continued to do the things he loved and garnered the love and support of his community as his positive spirit and triumphant attitude reigned supreme.  Then news came from MD Anderson that all had been done that could be done. Scott returned back to his earthly home before returning to his heavenly home.

This week has been hard for me as a cancer survivor.  I am reminded of my mortality, my second chance at life and the most precious thing of all...... time.  The extra time I have been given to share with those I love. The extra time I have been given to help those in need. The extra time I have been given to make a positive impact on this world. 

But the one who does not know and does things deserving punishment will be beaten with few blows. From everyone who has been given much, much will be demanded; and from the one who has been entrusted with much, much more will be asked. Luke 12:48

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Watching the Little League Baseball Tournament this weekend you couldn't help but notice those patches stating, "I Won't Cheat."  They made me think back to a time when I was growing up and they had the "Just Say No" crew come in and give a pep rally of some sort to us in elementary school.  That was a good time to catch us because we were energetic and wanted the t-shirts but the peer pressure hadn't really started to come yet. Give it a few more years and the majority of students chanting "Just Say No" had turned that into, "Just Give Me Blow". 

I am not proud of myself but two short years after this courageous campaign by Nancy Reagan with "Just Say No", I gave up trading baseball cards to selling smokeless tobacco and cigarettes. I never did either but saw an opportunity to make a buck (sound familiar Philip Morris?), used the five finger discount from local stores and sold them to kids in school. It was a good market till someone snitched and I took a five finger lesson to the face from my mother.  I don't think I ever stole anything again after that lesson.  Plus I had to pay back the stores. No slogan needed, experience took hold. 

I have always enjoyed being an entrepreneur and little did I know as I got older, politicians make the rules so you don't have to steal "illegally" anymore. You play by the rules and you can do just as much harm. The first non-profit I formed was not to give back to the kids but to help with tax breaks. What's the difference in stealing and doing a good deed? Legislatures already beat me to that moral decision, you can do both at the same time just play by the rules. 

Mark Sanford, our infamous South Carolina governor, forgot about those strong family values he had platformed on for so long. He traded those in for infidelity and adultery. I am sure he knew the Ten Commandments and right vs. wrong. Yet, still he stands as this state's governor.  It just goes to show no matter what catchy slogan, guidelines, Commandments, or rules you try and memorize, if you don't follow them and let your actions do the speaking, then catch phrases are just cheap sew ons.

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I just came back from vacation to New York City and Rio de Janeiro. As far as my experiences that relate to this blog, I was amazed at how aggressive, reckless, and yet effective the drivers of any form of transportation drove in those areas without colliding with ANYTHING.

I have traveled by taxi in NYC before but Rio made NYC look like a kiddy ride. Three lanes of traffic, meant 5 wide and motorcycles racing in between. This included the mass transit buses that weaved in and out of traffic better than the motorcycles. We took the subway, taxis, buses, and walked throughout each city and I could not help but thinking about all the wreck cases I get in a small, rural community in the Golden Corner of South Carolina.

However, in these huge metropolitan cities I never saw an incident. I am sure other bloggers in those areas could fill me in with statistics but from a brief observational standpoint, you would think incidents would be higher. Yet, considering the majority of the drivers are professional, ie taxi cab drivers, mass transit, and other courier services, that could be the reason. 

Regardless, I encourage all my past, present, and future clients to take advanced driving courses before they head out of the state or out of country with the intentions on driving;

• The 80 year old, driving the Cadillac in the left lane may be pummeled;
• I can't even think about the young, teenager that just got his license- ouch; or
• The texting driver not really paying attention.

Happy Trails to you.

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All this week and through the weekend, South Carolina attorneys that fight for the rights of those harmed by the ignorance, negligence, or omissions of others are learning, being reminded of, and networking with like minded professionals.

The South Carolina Association of Justice conducts its annual convention down in Hilton Head Island, usually during the first weekend of August. A wonderful lineup/itinerary for all trial attorneys that provide assistance to plaintiffs in the state of South Carolina and throughout the United States.

Fortunately the backdrop of this convention is set in Hilton Head at the Westin Resort on the coast of the Atlantic Ocean.  In an effort to fight more fervently for my clients and those future clients I may have, I have reluctantly forged down to the coast for this "intense" weekend of learning, networking, and being reminded of why I work so hard.

*A picture of Westin Resort in Hilton Head Island, SC.

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Today, a boy heads off on his journey to become a man. Actually he is already a man but he leaves the nest to forge out into the unknown realm beyond the darkness, aka the real world.  Our sometimes legal advisor, sometimes paralegal, sometimes runner, sometimes receptionist and most times web surfer extraordinaire; completes his four year post graduate internship to follow in the footsteps of his father and embark upon law school. 

Roy and I started working at the Trammell Law Firm, P.A. about the same time in 2005.  I was new to the Anderson area and he was an excellent host.  It was hard to manage the employer/employee relationship given our interconnected social explorations in the hot Electric City nightlife but all worked out just fine. One thing is for sure, he would answer the call late into the night and come bail you out of any trouble.  The sign of a true friend.

I will miss the "What's going on, dude!?", salutations I often overheard Roy solicit to clients, staff, attorneys and the like.  My nerves may be a little more at ease from not worrying about his caring and kind heart wanting to reach out and help someone, albeit at the expense of providing them legal advice or direction over the phone.  Hopefully before he leaves he will give me one more, "What you got going on this weekend, dog?"

Well wishes and high marks are wished upon you, Roy. May your travels up to the Northern states be safe and your pursuits at Thomas Cooley Law School be successful. 

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Given all the local marketing we have done lately, Trammell Law Firm, P.A. wanted to take that a step further and join the World Wide Web of marketing and social networking. Enter Trammell Law Firm, P.A. to Facebook. Become a Fan of Trammell Law Firm, P.A. today and keep up with the exciting lives of those working hard to fight off the evil empire of insurance companies.

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In the past 24 hours, two people have died as a result of traffic fatalities on I-85 in or around Anderson County:

• The Greenville News reported Wesley Robinson, 70, was killed when the pickup he was riding in was hit from behind by a tractor trailer on Interstate 85 in Anderson County.
• The Anderson Independent reported a 70-year-old woman, Bridget Green of Gastonia, N.C.,  died Monday, when the vehicle she was riding in flipped over on I-85 near Exit 11. Mrs. Green's daughter, Carolyn Massey, was driving a 2001 Chevy Venture van northbound on I-85 when it ran off the roadway and flipped over.

The South Carolina Department of Transportation provides "real time" traffic cameras for stretches of I-85 in Anderson County.  However, the most dangerous stretch of I-85 starts at the Georgia border to about Exit 19 in South Carolina. Road construction is being performed from Exit 11 to Exit 19 on I-85, as indicated on the SCDOT Traffic Advisory website.

Given the varying construction projects that are ongoing in the area and the myriad number of tractor trailers that pass through this stretch of interstate on any given day, several legal issues could arise:

• South Carolina Tort Claims Act, as set out by S.C. Code Ann. § 15-78-40, indicates the State, an agency, a political subdivision, and a governmental entity are liable for their torts in the same manner and to the same extent as a private individual under like circumstances, subject to the limitations upon liability and damages, and exemptions from liability and damages, contained herein;
• S.C. Code Ann. § 15-78-40- provides those exceptions to the waiver of immunity; and
• Negligence - duty, breach, causation, and damages.

These were recent pictures taken of I-85 from Exit 19 to Exit 11. Working in Anderson County, we are familiar with the area, law, and roadway conditions.

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The Anderson Independent was reporting "Traffic Deaths Down in South Carolina for First Half Year":

• the state had 439 traffic deaths for mid year 2009;
• a decline from 492 during in the same period in 2008; and
• an even stronger decline from the 553 in the first half of 2007.

However, there were 11 traffic related deaths in the state of South Carolina during the Fourth of July Holiday weekend.  As far as Upstate South Carolina is concerned, those traffic deaths have included:

• 19 in Anderson County;
• 11 in Pickens County;
• 7 in Oconee County; and
• 2 in Abbeville County.

South Carolina Highway Patrol considered these declines in traffic fatalities to be in strong part due to seat belt use and sobriety enforcement being at an all-time high in the state.

I encourage everyone to wear your seat belts and don't drink and drive! Let's keep these numbers dropping every year.

As Tim Morgan, a spokesman for the Pickens County Sheriff’s Department, said in regards to traffic fatalities:

“If you have one, if it is your family member, that is one way too many. We don’t wait to look at numbers. We get involved.”

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I graduated from Mid-Carolina High School in 1996 after having gone through some trials on a personal level and then actually living to come back 13 years later as the commencement speaker was not only emotional but very special, to say the least.

It was great seeing all the talented, hard working, dedicated, and truly special teachers that impacted my life a decade or more ago, still passing along their gifts.  The new high school facility is amazing and I am so happy to see those educators, administrators, students, and parents being provided the framework. They already had the content, now they have the beautiful exterior cover.

Thank you Mid-Carolina for having me. I have posted the transcript of my speech online and you can click on Mid-Carolina Graduation Speech 2009-Trey Mills  for those that had requested same.

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The amount of traffic and pedestrian fatalities seemed to be one article after another this past week/weekend.  As summer begins don't let your focus change. Always remember your duties to be responsible on the roadways of South Carolina. Here were some of the articles reported by The Greenville News & Anderson Independent:

• Easley Man Killed on 183- a one car crash involving Mr. Oswaldo Carrera Hernandez, speed was indicated as a factor in the wreck;
• Motorcyclist, Moped Rider Die in Taylors Crash-the motorcyclist, Joe Pannell, who was wearing a helmet, died of blunt-force trauma on the way to the hospital Friday. The moped driver, Brian Cote, died Saturday morning, about 11 hours after the crash. Highway Patrol Lance Cpl. Bryan McDougald said Cote, was eastbound in a 35 mph zone on East Main in Taylors when he turned into Pannell's path. Cote was not wearing a helmet;
• Pickens Man Dies in Moped Crash- A 41-year-old Pickens man was killed Saturday night when the Honda moped he was riding crashed on Mount Bethel Road, when he lost control of the moped and hit a ditch. He was pronounced dead at the scene. The article went on to report that, "Nationally, there were almost 5,200 motorcycle deaths in 2007, up 6 percent from the almost 4,900 deaths from the year before, according to the National Highway Traffic Safety Administration."
• Dodge Ram Sought in Fatal Greer Hit-Run-State troopers are investigating a Greer pedestrian's death as a hit-and-run and are trying to confirm who was driving the pickup that struck him.The driver of the Dodge Ram left the scene after striking the man, who was westbound on the shoulder of State 290 at 8:55 a.m. Sunday.  The pedestrian has been identified as James Roper James, 49, of Greer;
• Brothers Killed in Westside Crash- Two brothers from Mexico were killed in a freakish three-vehicle accident on Farrs Bridge Road near the Greenville-Pickens line on Wednesday evening. Jesus and Juan Zamora-Barrera were killed when their Ford pickup collided with the cab of a tractor-trailer cab that was towing a backhoe on a lowboy trailer; and

• Belton Woman Faces Charges After Fatal Wreck-as reported by the Anderson Independent-A 21-year-old woman, Kelly McCoy of Belton, was arrested and charged with felony driving under the influence and open container after a wreck that killed 56-year old Jack Hall Jr. of Fork Shoals. McCoy was driving her 2005 Honda north on Fairview Road when she crossed over the center line and struck Hall’s Chevrolet pickup truck, killing him instantly.  

If you, a loved one, friend, family member, and/or enemy need a free consultation after having been injured as a result of someone's ignorance, negligence, or omission, please feel free to call upon an experienced personal injury attorney that can assist you in this delicate and confusing process.

Remember:

"Insurance companies don't make money paying it out in claims. They make money, keeping it away from you. Personal Injury attorneys make money based on a percentage they get for you from the insurance companies. Whose interest are aligned with yours and whose interest are not aligned with yours?"  --Trey Mills

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Our South Carolina Governor, Mark Sanford, has been in a long and very publicized battle with the General Assembly over how to appropriate the State Fiscal Stabilization (SFS) funds under the American Recovery and Reinvestment Act of 2009, aka Federal Stimulus monies, allotted to South Carolina.  The battle has finally come to a head with the South Carolina Supreme Court ruling in Edwards and Williams v. State and SCASA v. Sanford:

We hold under the circumstances presented that a writ of mandamus is warranted and issue a writ of mandamus* to compel Governor Sanford to apply for the SFS funds and take all legal and necessary steps to effectuate the State’s receipt of the SFS funds for the purposes as set forth by Congress.

*(Excerpt from the case explaining writs of mandamus)

The Supreme Court has the power to issue writs of mandamus.  S.C. Const. art. V, § 5; S.C. Code Ann. § 14-3-310 (1976).  Mandamus is the highest judicial writ known to the law.  Brackenbrook N. Charleston, LP v. County of Charleston, 360 S.C. 390, 400, 602 S.E.2d 39, 45 (2004).  It is a coercive writ which orders a public official to perform a ministerial duty.  Wilson v. Preston, 378 S.C. 348, 354, 662 S.E.2d 580, 582 (2008); Ex Parte Littlefield, 343 S.C. 212, 222, 540 S.E.2d 81, 86 (2000). 

For a writ of mandamus to issue, the following must be shown: (1) a duty of the Respondent to perform the act; (2) the ministerial nature of the act; (3) the Petitioner’s specific legal right for which discharge of the duty is necessary; and (4) a lack of any other legal remedy. Wilson v. Preston, 378 S.C. at 354, 662 S.E.2d at 583.  A ministerial act or duty is one which a person performs because of a legal mandate which is defined with such precision as to leave nothing to the exercise of discretion. Id. at 354, 662 S.E.2d at 583

(Picture from The State article entitled, "Stimulus Battle Might End by Weekend + Video")

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The Greenville News reported on the alarming rise in dog bites against US Postal Carriers: 

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The Greenville News had an interesting article entitled "Medicine Too Costly for More Patients". The article stated:

The national recession is forcing more people to seek help getting their medications or to leave the drug store without their prescriptions once they learn what they'll cost.

The article referenced the Partnership for Prescription Assistance as an option for those without insurance or health benefits.  However, I found some of the most helpful resources to be in the comments part of the article.

• Klady wrote: "CVS, Walmart, Target and Walgreens all have a generic program in which you can receive a 90-day supply for $9.99 as long as your medication is on the list. The list has about 300 medications on it, so there is a good chance that doctors would prescribe something off of this list if you ask."  (My research showed that Walmart & Target actually offered $4 generic drugs and Target had the most consumer friendly website)

• Isuheidi wrote: "AnMed Health pharmacies also offer more than 230 generic drugs for only $5. You can find a list of the $5 medicines at www.anmedhealth.org."

The rest of the comments debate the health care industry and the pharmaceutical industry. Another time and place for that article. 

The South Carolina Commission for Minority Affairs has a list of all the Free Medical Clinics by county. Some of the relevant ones are pasted below:

• Anderson
  Anderson Free Clinic
  414 North Fant Street
  Anderson, SC
  864- 226-1294
  
• Greenville
  600 Arlington Ave.
  Greenville, SC
  864-232-2989
• Oconee
  Rosa Clark Medical Clinic
  210 S. Oak Street
  Seneca, SC
  843-237-2672
• Pickens
  Pickens County Free Medical Clinic
  303 Dacusville Highway
  Easley, SC
  864-855-7936

An aside: I find it to be quite racist that the SC Commission of Minority Affairs thinks only minorities need Free Clinics. This listing should be on all the public health and community related websites paid for by SC gov.

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WSPA Channel 7 and the Anderson Independent are reporting that:

Christopher Adams, 35, of Starr suffered multiple injuries and died in surgery at AnMed Health Medical Center in Anderson shortly after 12:30 a.m. Saturday.

The accident happened around 9:45 p.m. Friday when the driver of the pickup truck, Robert Sisk III, 30, was traveling east crossing over S.C. 81 South at True Temper Road about four miles south of Anderson, said Lance Cpl. Jeff Gaskin of the South Carolina Highway Patrol.

The 1999 Ford truck struck the 2008 mo-ped, which was traveling north on S.C. 81 South, Gaskin said.

Sisk, of Airline Road in Anderson, is charged with failure to yield the right of way.

Our thoughts and prayers go out to both families as they deal with this difficult time. Unfortunately, one never knows when a freak accident can occur. Please make sure you have your loved ones, friends, and even your enemies taken care of in times of need. It starts with:

1. Full Coverage Automobile Insurance;
2. Personal Injury Protection (P.I.P)/ Medical Payments;
3. Handling Your Property Damage Correctly; and
4. Avoiding Allstate Insurance Company Because They Suck

If you or your loved one has been injured in an accident, or as a result of another person's ignorance, negligence, or omission, please feel free to call upon us at 864-231-7171 or toll free at 1-800-483-0880.

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The Greenville News reported on the morbid subject of teen driving fatalities in some upstate South Carolina counties and how to make younger people more aware of these realities. The article indicated that:

Despite adults' best efforts, the number of teens who died in Greenville County traffic wrecks barely budged in 2008, even as overall traffic deaths fell 20 percent. The numbers were better in Anderson County, where teen traffic deaths plunged 73 percent.

Parents, educators, legislatures, comment makers, and students are offering solutions and ideas:

• required safety courses and defensive driving classes;
• seat belt awareness and support;
• mortality awareness for the male drivers;
• more parental oversight and management of younger drivers; and
• a scholarship opportunity focused on shedding the light on this grim subject matter.

 Related Articles and Resources:

Wren Student Deaths are Reminder of Community's Tragic Past

Welcome to the Unofficial Guide to Your South Carolina DMV - (all you need to know about South Carolina's Department of Motor Vehicle's rules and regulations for young drivers.)

 

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1. If you or your loved one has been injured as a result of another person's ignorance, negligence, or omission, please feel free to call upon this Trey Mills. That would include accidents, slip and falls, dog bites, product liability issues, and other personal injuries that result in losses and harms to you or your loved ones. if you need a phone number: 864-231-7171.
2. If you want someone that sings, you need to visit this Trey Mills. He actually took the web page I would like to have but I guess in all fairness, it was his first. This Trey Mills sings and has Trey Mills myspace pages, Trey Mills Facebook pages (totally different than this Trey Mills Facebook page), and other Trey Mills singing related links.
3. If you want a Realtor to assist you with purchasing homes in the Lake Conroe area of Texas, you need this Trey Mills. This Trey Mills has a website called http://www.justasktrey.com. That is a pretty cool marketing twist for a Trey Mills. I guess I can mark that one off. If you need a phone number: 936-788-4712.

Those are the top three Google searches when you Google "Trey Mills". However, it is weird that I have met another Trey Mills that also graduated from Clemson and is a lawyer. Not quite the game of Six Degrees of Kevin Bacon but interesting all the same. Then again, since I am officially Floyd S. Mills III and I go by "Trey", sign my name "Trey", and introduce myself as "Trey", does that make me THE TREY MILLS?

Well, I guess this should be lead article in any Google searches of "Trey Mills".......................... and your Google Juice is mine.

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