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SCLAWYERSWEEKLY.COM VOLUME 20 NUMBER 22 ■

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COURT IN SESSION

State Supreme Court justices staged mock deliberations in front of high school students and the public. (Photos/Haviland Stewart)

South Carolina Supreme Court stages event at Winthrop University ■ BY HAVILAND STEWART hstewart@nclawyerseweekly.com High school students and residents recently got an up-close look at how the Supreme Court of South Carolina deliberates its cases. On Oct. 25 and 26, Supreme Court officials traveled to Winthrop University in Rock Hill, S.C., as it staged mock deliberations on cases. Members of the public and students from middle schools and high schools from four nearby districts came to observe as cases were deliberated. The Supreme Court Justices from South Carolina are Chief Justice Donald W. Beatty, John W. Kittredge, Kaye G. Hearn, John Cannon Few and George C. James Jr. “The court serves everyone in South Carolina, and it is appropriate that we make the judicial process accessible to as many citizens as possible, especially students,” Chief Justice Beatty said in a news release for Winthrop University. After each case, students had the opportunity to ask the attorneys and justices questions regarding the deliberation and the

South Carolina Supreme Court justices post with area high school students.

judicial system. According to Mary-Kathryn Craft, communications director at the South Carolina Bar Association, this is the continuation of an initiative Beatty started a

NOVEMBER 7, 2022 ■ $8.50

network

few years ago to invite students, members of the public and the legal community to see the appellate process first hand. On Oct. 25, two cases involving violent crimes were deliberated, including, The State v. Tappia Deangelo Green, and The State, v. Joshua C. Reher. On Oct. 26, two cases involving insurance were deliberated, including, USAA Casualty Insurance Company, Plaintiff, v. Vincent J. Rafferty, Jr., as personal representative of the Estate of Megan Walters Jenkins, Defendants, and Nationwide Affinity Insurance Company of America, Appellant, v. Andrew Green, Respondent.

The court serves everyone in South Carolina, and it is appropriate that we make the judicial process accessible to as many citizens as possible, especially students. South Carolina Supreme Court Justice Donald W. Beatty

Partner in ﬁ rm named McLeod Fellow Kimberly V. Barr, a partner with Sabb Law Group LLC, has been named a McLeod Fellow. Each year, McLeod Fellows receive a comprehensive, behind-the-scenes look into medicine and complex issues driving healthcare while demonstrating the continuing need for philanthropy, according to a news release from the firm.. During the first session of the McLeod Fellows on Sept. 13, Donna Isgett, McLeod Health president/CEO, addressed the group about the history of McLeod Health and the growth of the organization. The Fellows also observed a surgical procedure being performed by McLeod General Surgeon Dr. John Sonfield in OR1. The McLeod Fellows program is designed to give an inside look into the healthcare industry. This innovative program was introduced in 2006, and is composed of community leaders, elected officials and volunteers. During eight monthly sessions, the McLeod Fellows class receives an intimate glimpse of the many facets of healthcare. The curriculum explores the mission of McLeod Health, health care finances, quality and safety, and McLeod Health service lines. Participants obtain a working knowledge of the healthcare needs in the region and how McLeod Health is meeting Kimberly V. those needs. Barr Barr graduated magna cum laude from Benedict College in 1992 with a bachelor of science degree in criminal justice. Three years later, she earned her juris doctor degree from the University of South Carolina School of Law and was admitted to the South Carolina Bar. The next year, she was admitted to practice before the United States District Court. She worked for five years with the law office of Newman & Sabb, P.A. before leaving to work as a municipal prosecutor in Florence for five years. Barr returned to private practice with Ronnie A. Sabb in September 2004 and is currently is a partner with the Sabb Law Group LLC. They have offices in Williamsburg and Florence counties and she practices in the areas of personal injury, including Camp Lejeune litigation, and family court. Staff report

INSIDE VERDICTS & SETTLEMENTS

VERDICTS & SETTLEMENTS

Malpractice settlement results in record payout

Semi trailer crash leads to $2.75M settlement

Couple awarded $6M after falling from faulty deck

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2 / NEWS

S O U T H C A R O L I N A L A W Y E R S W E E K LY I N ove m be r 7, 2022

Firm recognized for $100K donation to charity The South Carolina Bar Association has highlighted the Goings Law Firm of Columbia for its charitable $100,000 donation to the Colorectal Cancer Alliance. The firm served as the presenting sponsor for the Bottoms Up Invitational hosted by South Carolina’s own Craig Melvin, an anchor of NBC’s Today Show. The event took place in Norwalk, Conn., and altogether, over $1 million was raised. In memory of Craig’s brother Lawrence who died of colorectal cancer at the age of 43, the Bottoms Up Invitational brought together friends and colleagues all in support of raising money and awareness for those suffering from colorectal cancer. “Our firm was honored to contribute $100,000 to the Colorectal Cancer Alliance for this special event. Every day we work hard to improve the lives of our clients who have been seriously injured, and we take our responsibility to give back to others very seriously, especially wonderful organizations such as the Colorectal Cancer Alliance,” stated Robert F. Goings, founder of the firm. “Colorectal cancer is extremely common and deadly, however, is

The Goings Law Firm of Columbia was recognized for donating $100,000 to the Colorectal Cancer Alliance. (Photo/Provided)

highly preventable with timely screening and more funding. The Colorectal Cancer Alliance is the

largest and most established national non-profit organization focused on ending colorectal cancer.”

You can visit www.ccalliance.org to learn more. Staff report

U.S. Attorney announces $1.8M for SC neighborhoods U.S. Attorney Adair F. Boroughs announced in a news release that the Department of Justice has awarded more than $1.8 million to support the Project Safe Neighborhoods Program in the District of South Carolina. Funding will support community efforts to address the epidemic of gun crime and serious violence in the district. The grants, to Barnwell County, Cheraw, Dillon, North Myrtle Beach, Travelers Rest and Williamston, are part of a number of awards being made to state and local agencies across the country. Funds are administered by the Bureau of Justice Assistance, part of the Department’s Office of Justice Programs. Launched two decades ago as an evidence-based and communityoriented response to serious gun crime, Project Safe Neighborhoods, known as PSN, is a key component of the Department’s Comprehensive Strategy for Reducing Violent Crime, outlined by Deputy Attorney General Monaco in May 2021. The PSN approach is guided by four key principles: fostering trust and legitimacy in our communities; supporting community-based organizations that help prevent violence from occurring in the first place; setting focused and strategic enforcement priorities; and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions. “These funds are essential to allow our local law enforcement entities to build deeper partnerships with their communities,” Boroughs said in the release. “When community leaders and law enforcement officials work together, they can focus on shared priorities, identify the most violent offenders, and address the root causes of violence in those communities. These community partnerships are the cornerstone of our violent crime reduction

U.S. Attorney Adair F. Boroughs has announced that the Department of Justice has awarded more than $1.8 million to support the Project Safe Neighborhoods Program in the District of South Carolina. (Photo/Pexels)

efforts because, quite simply, they work.” “Reducing violence and sustaining those reductions will require strong partnerships between criminal justice agencies and community stakeholders and a shared commitment to the safety and well-being of every community member,” said OJP Deputy Assistant Attorney General Maureen Henneberg. “The investments we are making through Project Safe Neighborhoods will enable every stakeholder to play a part in building safer and healthier communities.” PSN programs are led by U.S. Attorneys’ Offices in collaboration with local public safety agencies and community organizations. The

programs’ emphasis on community engagement, prevention and intervention measures, focused and strategic enforcement, and measurement and accountability has helped achieve overall reductions in violent crime, including gun homicides, in neighborhoods where PSN strategies have been implemented. “Over its two-decade history, Project Safe Neighborhoods has evolved to meet the complex challenges of community violence by enlisting the insights and expertise of local partners and by relying on the latest evidence,” said BJA Director Karhlton F. Moore. “We are proud to support our U.S. Attorneys and their allies in their critical work to curb violent crime and build the

mutual trust necessary to ensure lasting success.” The awards announced above are being made as part of the regular end-of-fiscal year cycle. More information about awards under PSN and other OJP grants can be found on the OJP Grant Awards Page. The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov. Staff report

S O U T H C A R O L I N A L A W Y E R S W E E K LY I Novem ber 7, 2022

VERDICTS & SETTLEMENTS / 3

Malpractice settlement results in record $40.4M payout By Haviland Stewart hstewart@nclawyersweekly.com

A medical malpractice lawsuit has resulted in a record-breaking settlement. In September 2022, plaintiffs received a settlement totaling just over $40.4 Million – what their legal team believes to be the largest single plaintiff personal injury settlement in South Carolina history. This is a medical malpractice case in which the plaintiff alleged that the defendant overlooked a vital finding in a newborn’s chest X-ray that led to late cancer diagnosis and permanent spinal cord injury. After one day of life, a newborn baby began showing signs of rapid breathing. The neonatologist ordered an X-ray which they read as Chad showing pneumonia. This X-ray McGowan was repeated on day two and three of life, all resulting in a reading of pneumonia. According to the plaintiff’s council, Chad McGowan, a significant finding from this X-ray was missed. The X-ray showed a deformity in the upper left corner of the child’s ribcage McGowan reported. The ribs themselves appeared to be misshapen and the spacing was off. According to McGowan his was an obvious finding that should have been noted by the doctor for follow up. The baby was sent home after a week in the hospital. The baby was experiencing normal heath until he was about 4 months old and began to have

difficulty moving his legs and was not developing at a normally rate. During this time the 6-monthold went to the ER with an unrelated respiratory infection, and the doctors discovered a tumor in his upper chest. The tumor, neuroblastoma, was a childhood cancer, and had grown into the spinal canal rending the baby paralyzed from the chest down McGowan reported. Neuroblastoma is treatable with chemotherapy – aimed at shrinking the tumor – followed by surgery to remove it. The treatment for the baby was successful. Currently, at the age of 5, the patient is cancer free. “The problem was the delay in diagnosis,” McGowan said. “During the delay, the cancer had a chance to pinch off the spinal cord, leaving permanent injury. Having a spinal cord injury of this kind so early in life led to host of other problems, including severe scoliosis, the need for a trach for a couple of years, and hip dysplasia resulting in repeated surgeries.” The defense argued that the radiologists were general radiologists, not pediatric radiologists, and thus the X-ray film looked normal to them where it wouldn’t have to a pediatric radiologist. According to McGowan, discovery showed that a pediatric radiologist should have been involved in the care but was not. Many details of this case have been withheld due to a confidentiality agreement. Shortly before trial, the parties agreed to a settlement totaling $40,350,000. Trial will proceed against the radiologists under a hi-lo agreement.

Is this a verdict or a settlement? Settlement

Type of case: Medical malpractice Amount: $40,350,000 Injuries alleged: Paralysis from the chest down Case name: Confidential Court: Confidential Case No.: Confidential Judge: Settlement Date of settlement: September, 2022 Special damages: Life care plan and economic losses of approximately $36.3 million Most helpful experts: Dr. Anthony Lupetin, radiology; Dr. Charles Maxfield, pediatric radiology; Dr. Paul Pitel, pediatric oncology; Debbie Caskey, life care planning; Adam Gorlitsy, assistive devices; Raymond Saur, economics Attorney(s) for plaintiff and their firm(s): Chad McGowan, Eve Goodstein, Jordan Calloway all of McGowan, Hood, Felder, and Phillips, LLC of Rock Hill, SC Attorney(s) for defendant and their firm(s): Withheld Was the opposing represented by counsel? Yes Were liability and/or damages contested? Yes Has the judgment been successfully collected? Yes

Semi trailer accident results in $2.75M settlement ■ BY HAVILAND STEWART hstewart@nclawyersweekly.com

A motorist who was injured in a crash with a semi trailer has been awarded nearly $3 million in a settlement. On March 6, 2020, while traveling on Interstate 95 the plaintiff was rear-ended by a semi trailer. Following the initial impact, the plaintiff was transported to the hospital where he was treated for a left-sided acetabular fracture, posterior wall acetabulum rim fracture, a right-sided ulnar fracture, and a tibial fracture. According to the plaintiff’s attorney Meredith Hinton, the following day the plaintiff had surgery to address his left nondisplaced

posterior wall acetabulum rim fracture, lateral tibial plateau fracture, and his right displaced distal ulnar shaft fracture. The plaintiff was released after two days in the hospital and continued to follow up with the orthopedist. The plaintiff also experienced significant back pain following the accident which requires ongoing treatment. As a result of Meredith S. the wreck, the plaintiff was unHinton able to continue with the job he had prior to the accident. Many details of this case have been withheld due to a confidentiality agreement.

Is this a verdict or a settlement? Settlement

Type of: Wreck with a semi trailer Amount: $2.75 million settlement Injuries alleged: A left-sided acetabular fracture, posterior wall acetabulum rim fracture, a right-sided ulnar fracture, and a tibial fracture Case name: Withheld Court: Withheld Case No.: Withheld Date of settlement: April 2022 Insurance carrier: Withheld Attorney(s) for plaintiff and their firm(s): Meredith S. Hinton, Ricci Law Firm, PA Attorney(s) for defendant and their firm(s):Withheld

College of Charleston extends contract for President Hsu The College of Charleston’s board of trustees and the College of Charleston Foundation board approved an extension of the college’s president, Andrew Hsu, contract through June 30, 2027. Hsu began his tenure as the 23rd president of the college on May 16, 2019, and his original contract had been set to expire in May 2024, according to a news release. “I am both humbled and very proud to have this opportunity to continue the great work we have started here together,” Hsu said in the news release. “The College of Charleston, a community of top talent, continues its tremendous momentum toward improving student success, academic distinction and employee success. We — the faculty, staff, students, volunteer leaders and alumni — have already accomplished much in our 10-year strategic plan, and I am excited to see how we can build upon those early achievements. This is a remarkable university because of its remarkable people.”

Before joining the college, Hsu was the provost and executive vice president for academic affairs at the University of Toledo. Prior to that, he served as the dean of engineering at San Jose State University and as the associate vice president for research and the dean of the graduate school at Wright State University. Under Hsu’s leadership, the College of Charleston has launched a 10-year strategic plan, Tradition & Transformation, with a stated vision to elevate the college to national university status by focusing on its academic profile. Since 2019, the college has introduced several new undergraduate programs, such as systems engineering, electrical engineering, software engineering, environmental geosciences and statistics. The college also launched a new School of Health Sciences in early 2022, in partnership with the Medical University of South Carolina. “I know we all look forward to President Hsu’s continued extraor-

College of Charleston President Andrew Hsu’s contract has been extended through June 30, 2027, after action taken by the college’s board of trustees. (Photo/File)

dinary service and his leadership in guiding the college toward even greater academic excellence and

institutional distinction,” David M. Hay, chair of the board of trustees, said in the news release.

4 / COMMENTARY

S O U T H C A R O L I N A L A W Y E R S W E E K LY I N ove m be r 7, 2022

Inside Greenville County’s new workforce/affordable housing policy ■ BY CAITLIN R. WALKER Nexsen Pruet On Oct. 18, the Greenville County Council approved a new policy which provides incentives for the development of affordable and workforce housing by allowing for credits against a project owner’s fee in lieu of ad valorem property taxes. Special source revenue credits permitted under this Policy allow for tax abatement up to as much as 70% depending on the percentage of affordable/workforce housing within the project.

Eligibility criteria

To be eligible for incentives under this Policy, a project must have a minimum $7.5 million investment and be completed within a five-year investment period. Additionally, 20% of the project’s housing units must be comprised of workforce/affordable housing units at varying AMI levels. However, if a project’s housing units are comprised Caitlin R. of more than 20% Walker workforce/affordable housing units, the project owner could be entitled to more advantageous incentives. The workforce/affordable housing units’ mix of AMI levels are to include incomes at 40% AMI, 60% AMI, and 80% AMI, with the majority of such housing units being comprised of units at 60% AMI.

The proposal

The process for obtaining the incentives requires the project owner to submit a proposal and enter into an incentive agreement with Greenville County. A proposal must include a legal description of the property, the total number of planned units for the project, planned completion dates and phases, and estimates of the total real property and public infrastructure improvements. The proposal should also contain specific information on the makeup of the planned proposed workforce/ affordable housing units, including the number of units for each AMI level, their estimated initial rental rates, and the mixture of bedrooms per unit within each AMI level. The proposed incentive agreement must then be voted on and approved by the Greenville County Council.

Incentive agreements

Under this Policy, incentive agreements shall have twenty-year terms and must contain standard terms and conditions for the provision of special source credits, including termination and clawback provisions. Where a project owner ceases operation for a 12-month period or fails to complete the project, the agreement could be subject to termination and a project owner then required to pay back any special source credits previously received. Special source credits will only be applied against fee in lieu of tax payments once the first phase of a proposed project has

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been placed in service and the project owner has submitted an Investment Certification.

Liz Irwin

Continuing eligibility

■ INTERIM EDITOR

To maintain eligibility for the special source credits, the project owner must submit an Infrastructure Investment and Workforce/ Affordable Housing Certification at the beginning of each year which must include the rent roll for the project detailing the number of AMI housing units, their rental rates, and the mixture of bedrooms at each AMI level. If a project does not have the requisite number of AMI units indicated in the incentive agreement, the project owner has 90 days to cure the issue. In the event the project owner does not cure the issue, the project owner will no longer be eligible for special source credits and will have to repay any such credits which were provided during the period of noncompliance.

State of the policy

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During the County Council meeting where the Policy was approved, multiple councilmembers indicated this Policy is only a starting point. As such, project owners can likely expect changes to the Policy in the forthcoming months.

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Caitlin Walker is a corporate attorney with a diverse practice including real estate, farm credit, employment and economic development transactions.

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VisitGreenvilleSC names new president, CEO

Material published in South Carolina Lawyers Weekly is compiled at substantial expense and is for the sole and exclusive use of

■ BY JASON THOMAS jthomas@scbiznews.com

purchasers and subscribers. The material may

VisitGreenvilleSC will soon have a new leader. Heath Dillard will join the tourism organization as president and CEO effective Nov. 14, according to a VisitGreenvilleSC news release. Dillard has spent the past 10 years as director of insights for the Charlotte Regional Visitors Authority focused on growing Charlotte’s $8 billion tourism industry and fostering the internal culture of the organization which includes Visit Charlotte and the management of City of Charlotte-owned venues such as the Charlotte Convention Center, NASCAR Hall of Fame, Bojangles Entertainment Complex, Spectrum

in any manner, in whole or in part, without the

Greenville has such an incredible reputation among the tourism community in the South, rapidly becoming one of the most buzzed about cities in the region. Heath Dillard

not be republished, resold, recorded, or used publisher’s explicit consent. Any infringement will be subject to legal redress. South Carolina Lawyers Weekly (USPS #020216) is published biweekly every other Monday with General Statewide Circulation by South Carolina Lawyers Weekly at 130 N. McDowell St. Unit B, Charlotte NC 282042411. (919) 829-9333, (800)-876-5297. Periodicals postage paid at Charlotte, NC 28228-9998. Subscriptions Rates: $369 per year.

Heath Dillard has been named CEO of VisitGreenvilleSC, effective Nov. 14, after serving with the Charlotte Regional Visitors Authority. (Photo/Provided)

Website: www.sclawyersweekly.com

Center and the Charlotte Film Commission, the release stated. He replaces Jonathan Brashier, who has been serving as interim CEO since March. Dillard was instrumental in creating the destination’s strategic plan, orchestrating more than $200 million in development projects and a sales strategy that led to securing major tourism events in Charlotte such as the 2021 Belk College Kickoff between Clemson University & University of Georgia, 2020 Republican National Convention, and 2019 NBA All-star Game, the

send address changes to South Carolina

release stated. Dillard and his wife are both originally from the Upstate and eager to become part of this community and introduce their three sons to the region where they grew up, the release stated. “Greenville has such an incredible reputation among the tourism community in the South; rapidly becoming one of the most buzzed about cities in the region,” Dillard said in the release. “I am so excited to be a part of the future of this destination and help accelerate that growth.”

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VERDICTS & SETTLEMENTS / 5

S O U T H C A R O L I N A L A W Y E R S W E E K LY I Novem ber 7, 2022

Couple awarded $6M after suffering injuries from faulty deck ■ BY HAVILAND STEWART hstewart@nclawyersweekly.com

The defense did not respond for comment.

A couple was awarded $6 million from a verdict after suffering injuries as the result of a collapsed stairwell on a deck. On March 18, 2017, a husband and wife in their 60s was walking up the stairs to their back deck when the entire stairwell collapsed under them. The plaintiffs were Chris Romeo tenants of a two-story rental house in Charleston. According to the plaintiff’s council, Christopher Romeo, in 2001 the builders of the rental house used particle board to connect the stairs to the deck rather than treated lumber. In the years following, the particle board rotted through and was no longer structurally sound. However, this was all covered by vinyl siding, so it went undetected by the renters. The builders of this house both died years ago, and their “company” no longer existed, and no insurance coverage for them was found, Romeo reported. At the time of the accident, Charleston Rental Properties was the property management company for the house and signed the lease as the landlord According to Romeo, just two months before the fall, Charleston Rental Properties had an inspection that identified water intrusion issues with the back deck, including the faux header under the staircase, but it never followed up on the report. The plaintiff’s council argued that if Charleston Rental Properties had followed up on that report, it would have identified this as a problem that needed to be investigated, and the unsafe condition would have been revealed. According to Romeo, the defense fought the company on liability for 5 ½ years and accepted liability the Friday before trial. Due to that, the case in front of the jury was only about the extent of the damages.

Case Name: John and Virginia Harrison v. CRP Real Estate, LLC d/b/a Charleston Rental Properties County: Charleston Case No.: 2018-CP-10-04778 Type of Case: Premises liability/Residential Landlord Tenant Act Jury Verdict: $6 million (total) Plaintiffs’ counsel: Chris Romeo of Thurmond Kirchner and Timbes Defense counsel: Ford Thrift and Tommy Boger of Wall Templeton Judge: Judge Jefferson Length: 3 days Date of verdict: Oct. 19 High/low Agreement: $1M high/$100,000 low, new money. Previous settlement of $600,000, so final judgment is $1.6 million Last demand: $900,000 Highest offer: $400,000 Insurance carrier: Auto Owners Defense Experts: Dr. Joseph Calandra, to dispute causation for the back injury. Michael Fryar, life care planner from North Carolina to dispute the extent of the future medical bills. Plaintiff’s Experts: Dr. Todd Joye as life care planner; Dr. Curtis Worthington, spine surgeon; Dr. Josh Lamb, knee and ankle surgeon Both the husband and the wife involved in this fall suffered notable injury. The wife had a fracture with an open reduction and internal fixation surgery the next day, infection that set in two months after surgery and follow-up hardware removal. She also suffered a comminuted intraarticular tibial plateau fracture, and now has post-traumatic arthritis in both her ankle and knee. She will likely need a total knee replacement and an ankle replacement in the future. She totaled $96,000 in past medical bills and between $115k and $360k in future medical bills. The jury

awarded her $4 million. The husband suffered ulnar neuropathy to left arm that resolved after six months. Eleven months after the fall he was watching TV and experienced a horrible pain in his leg. An MRI showed disc herniation with a free fragment that was sitting on his nerve. He went in the next day to remove the free fragment. He now has partial drop foot. He totaled $72,000 in past medical bills; no future medical bills are expected. The jury awarded him $2 million. The defense did not respond for comment.

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6 / NEWS

S O U T H C A R O L I N A L A W Y E R S W E E K LY I N ove m be r 7, 2022

Violent weather sheds light on SC construction codes ■ BY CHRISTINA KNAUSS cknauss@scbiznews.com Images of destroyed, damaged and flooded homes and businesses have been all too common in the weeks after Hurricane Ian ravaged the southwest coast of Florida and then caused damage and flooding along the S.C. coast. Most storm damage in those counties came from Ian’s high storm surge, and the worst destruction came in the form of sand dunes swept away, beach accesses torn apart, and fishing piers broken or completely demolished. Many houses received some flooding, damage to roofs and other components, but thankfully the state’s coast didn’t see the massive, complete destruction of homes and businesses that hit places such as Fort Myers and Sanibel Island in Florida. However, repairs to those homes that were affected will likely take months, and this latest natural disaster is a reminder to property owners, builders and architects in South Carolina that the state’s volatile weather is something that needs to be on the radar when designing and building new homes and commercial buildings. One thing that should satisfy many property owners’ concerns is the fact that structures in the state have had to be built to conform to much stricter codes over the past 30 years, said Mark Nix, executive director of the Homebuilders Association of South Carolina. “When you look at storm damage these days, usually the worst you’ll see is to homes built prior to the 1990s,” Nix said. “Ever since Hurricane Andrew hit Florida in 1992, new codes that have been enacted have done a good job of mitigating a lot of losses and damage, especially on the coast.” Nix said South Carolina officials decided during the 1990s to switch the state’s set of building codes from what was called the Southern Codes. The state now adheres to building codes set by the International Code Council. These are revised and updated every three years to respond to new building innovations as well as weather conditions and other concerns, and the latest codes were adopted on Jan. 1, Nix said. Those with property concerns along the coast should also feel good about the results of a 2021 study by the Insurance Institute that placed South Carolina as having the third-best set of building codes among coastal states nationwide, Nix said. While hurricanes might be the disaster most on everyone’s radar right now, another potential danger has increasingly been on the minds of Midlands residents this year – but this one comes from deep underground. Since Dec. 27, 2021, 47 earthquakes have occurred in the Kershaw County towns of Lugoff and Elgin, with the highest magnitude of 3.6 occurring on June 29, according to statistics from the S.C. Emergency Management Division. There have also been several earthquakes in the Upstate and in the Charleston area, but nothing like the activity near Elgin.

Pylons from the storied Pawleys Island Pier lie on the shore on Saturday, Oct. 1, 2022, in Pawleys Island, S.C. Winds and surge from Hurricane Ian broke apart the pier on Friday, scattering its pieces along expanses of the nearby beach. (AP Photo/Meg Kinnard)

A beachfront home has lost siding and other damage during the effects from Hurricane Ian, Friday, Sept. 30, 2022, in Folly Island, S.C. (AP Photo/Alex Brandon)

State and national geologists have termed the unusual tremors Elgin’s “earthquake swarm,” and say it is just normal seismic activity along one of the state’s many fault lines and not related to any human activity such as mining or construction. Still, the tremors have made many local residents nervous and caused them to wonder how their homes would stand up to bigger earthquakes. Nix said earthquake-resistant measures are already built into the existing codes. “We’re consistently addressing this concern,” he said. “The S.C. Building Code Council studies local and regional maps, and two of the biggest concerns addressed in the codes are seismology and high winds.” The benefits of the last few decades’ worth of stricter building codes are very evident to Mark Hood, president of Hood Construction in Columbia. “We’re starting to see the long-term effects of many years of better building codes and better building construction,” Hood said. “Sometimes when you look at photos of an area that’s been hit by a hurricane, you’ll see three houses completely destroyed and then some right next to them

still standing. Those are the ones built with the newer codes. The upgrades that have been made over the past 30 years are really helping to save houses. Are they eliminating damage completely? No, but they are preventing houses from exploding and disintegrating in the wind.” Hood said a few key changes to the way homes are built have made all the difference. More than 30 years ago, for instance, most houses were held together with nails. These days entire houses are strapped together from roof to foundation to help preserve the entire structure’s integrity in the event of high winds. Along the coast, codes require that windows be built to withstand winds of 110 mph or higher, which technically means a window should be able to withstand something like a 2 x 4 being thrown at it at that wind speed, Hood said. That requirement reduces the shattered glass left to clean up when windows are hit by flying debris. These hurricane-proofing techniques aren’t just being implemented in the coastal counties, either. “We’re basically doing the same precautions all over the state,

because in a hurricane zone like South Carolina, the coast might take the brunt, but a big powerful storm is going to end up affecting the whole state,” Hood said. “We saw that back in 1989 with Hugo when Sumter, Columbia and places as far inland as Rock Hill and Charlotte received severe damage.” More customers are expressing concerns about building homes that can withstand severe storms and other natural disasters and seeking proactive ways to protect their home, said Ben Ward, project manager for McMillan Pazdan Smith Architecture, which has offices in Columbia, Charleston, Greenville and Spartanburg. “We’re seeing more concern about disasters all around the state,” Ward said. “Of course, most of it is on the coast, but that’s changing as we get savvier clients that have an understanding of changing weather pattens and as a result have an interest in what can be done to mitigate a disaster.” Ward said the word “resilience” has become key in planning designs of new homes and buildings, especially along the coast. “Resilience has taken on a strong importance in South Carolina’s architectural community,” he said. “A lot of states are more focused on building sustainable structures, but those are states that might not be as disaster-prone as South Carolina. Here, we need to combine resilience with sustainability.” Ward said he recommends homeowners consider a series of protocols called Fortified, a program run by the Insurance Institute for Business and Home Safety and offered by many building contractors. There are three levels of Fortified safety plans available for both residential and commercial structures. “We strongly encourage clients to consider options that go above and beyond the codes,” Ward said. “If you build a home to a Fortified standard, you’re much more prepared for natural disasters. The cost comes up, but it’s a minor investment up front, brings savings on insurance premiums and can help you have a quicker turnaround after a disaster hits.” Ward said the Fortified programs include additions like extra wood blocking put into walls, roof construction built to a higher wind load standard than most building codes, and nonflammable exteriors to protect homes against wildfires. He noted that many coastal communities have raised the base flood elevation requirements for new buildings to combat storm surges and river flooding. South Carolina has put an increased focus on resilience in construction and infrastructure, Ward said. In 2019, the state formed the South Carolina Office of Resilience, focused on increasing resilience to disaster in communities, reducing or eliminating long-term loss risks and lessening the impact of future disasters. “As a member of the American Architectural Association, we’ve been providing assistance to that office as asked by the state,” Ward said. “It’s awesome that they’re focusing on this issue.”

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S O U T H C A R O L I N A L A W Y E R S W E E K LY I N ove m be r 7, 2022

SHOOTING FOR THE MOON

South Carolina is on a mission to bring a NASA facility to the state ■ BY JENNY PETERSON Correspondent Collaborative partners statewide are shooting for the moon to try and create a permanent NASA facility in South Carolina. While the space agency currently has no permanent footprint in South Carolina, a consortium was created in 2020 specifically to expand the relationship with NASA and bring a NASA Center of Excellence to the state. CORE SC — which stands for The Center of Resilience Excellence South Carolina — was founded by Charleston County Government, the South Carolina Aquarium, the College of Charleston, SC Space Grant and SC NASA EPSCoR to make the center a reality. CORE SC employees hosted NASA for a three-day statewide tour Sept. 12-14 showcasing the state’s many resources that could support a new space economy. Board members include chairman Jonathan Zucker, president of The InterTech Group, and Dr. Cassandra Runyon, director of the SC NASA Space Grant Consortium and NASA Experimental Program to Stimulate Competitive Research (EpSCR). A Center of Excellence is an ancillary NASA operation focused on research to help find solutions to the world’s problems. The tangible goal is to establish a NASA Center for Excellence at an executive airport — the Johns Island Executive Airport in Charleston County along the Stono River, Aiken Regional Airport or Spartanburg Downtown Memorial Airport. Ideally, there would be NASA labs at each of those locations. “We want to have lab space (at an airport) to do things with drones, high-altitude balloons, communication equipment and infrastructure for electric vehicle tools, and to create a satellite program for the state,” said Kevin Limehouse, Innovation Officer for Public Services with Charleston County who also heads CORE SC. “The ask from NASA is for us to do South Carolina’s first CubeSat program, so the lab space and infrastructure at these locations would be for that and all of the tech that comes with

it. There’s a real possibility it could be located at one of our airports.” Yet locations aren’t the only incentives for NASA consideration. During the multi-day tour, CORE SC highlighted innovative companies operating in the state that could support a new space economy. Parameters for establishing a Center of Excellence include focusing on research and innovation in a specific niche. CORE SC identified five niche areas: Water, Energy, Connectivity, Agriculture and Natural hazards — the acronym “WE CAN.” “All five (areas) are relevant to South Carolina, and we would work on solutions to these issues here that we can share with the nation and the world,” Limehouse said. “All five are also all tied to NASA’s mission directorate, and we hope to work on solutions together.” In that spirit, stops on NASA’s three-day tour included agriculture innovators BrightMa Farms in Cordesville, which uses hemp to create industry-grade manufacturing products, and Heron Farms in Charleston, which grows edible sea beans that desalinate water during the grow process — a product that could be grown in space and nourish astronauts. Other stops included FabLab in Charleston, which 3-D prints building materials sturdy enough to house a lab, Trident Tech’s Aerospace program facilities and The Clemson University International Center for Automotive Research (CU-ICAR). “The crux message is, ‘Here’s why South Carolina can be leaders in the new space economy with all that we have going on,’” Limehouse said. “There are opportunities for these businesses to connect (with NASA) and get federal contracts.” NASA’s criteria for creating an official Center of Excellence is that an organization like CORE SC would set up the center first and, once NASA observes its success, the space agency would take over. “We have to establish the center on our own, start working with NASA on projects with some formalized agreements, and, if everything goes well, it would get absorbed and become a part of NASA,” Limehouse said. “We talked to a Center of Excellence in Texas, and that was their process as well.”

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NASA officials tour the Clemson University International Center for Automotive Research. (Photo/Provided)

NASA and Beyond

A Center of Excellence first landed on the state’s radar five years ago, when the space agency asked to hold a business expo related to the building of its space launch system rocket, said Limehouse. “We started working with the Marshall Space Flight Center to host a huge business expo and also STEM expo with astronaut visits to our schools, and we just really hit it off,” Limehouse said. NASA came back in force with more than Marshall when the state hosted a NASA regional Conference in 2021. Through that relationship, stakeholders discovered that NASA was interested in opening additional Centers of Excellence. That’s when CORE SC was created along with its unique Center of Excellence model. The work CORE SC is doing to highlight advancements in its five identified niches is already spurring innovation opportunities beyond NASA — most notably, the Rolls Royce manufacturing facility in Aiken, which is pioneering microgrids for renewable solar energy to power its headquarters and operations. Limehouse told NASA employees during the recent tour that CORE SC’s interest in that technology led to discussions with Rolls Royce leadership about future projects and partnerships in the new space economy. “Rolls Royce in Germany asked for a call and said, ‘Would CORE SC be interested in partnering on EVTOLs?’, which are electric vertical take-off and landing vehicles — flying cars — and of course, we said yes,” Limehouse said. “We asked ourselves, ‘Where can we do that?’ The ask of NASA by CORE SC is to develop NASA’s first South Carolina satellite program in the state and when Rolls Royce asked about EVTOLs, we thought we could tie those two together at the Johns Island airport.” Barzan Aeronautical, which develops aerial intelligence, surveillance and reconnaissance systems, is currently building a drone facility at the Johns Island airport; all those endeavors could work together and collaborate on innovation, Limehouse said. “Satellite programs, 3-D printing, industrial agriculture products that can be grown on the moon or Mars — all of this happens if we do it together,” Limehouse said. “My idea is everything together: a Rolls Royce microgrid to power everything with renewables, a 3-D printed structure that houses a lab for communications equipment and lab space and a 3-D

printed buildout infrastructure for EVTOLs and drones.” CORE SC is awarding $400,000 in state-funded subgrants for projects that move the five niche industries forward in South Carolina.“It could be focused on solutions in electric vehicle charging for a small rural community, flood map work or anything related to technology transfers that transform inventions and scientific outcomes,” Limehouse said. “The end goal is that we want solutions in the hands of our citizens to improve their quality of life.” CORE SC holds weekly project team meetings, biweekly meetings with NASA and monthly meetings with stakeholders and partners to share ideas.

Showcasing STEM

CORE SC previously hosted NASA employees at week-long STEM fair to show how students are learning skills for future space economy careers, and a previous CORE SC project included securing grant funding for students to learn at the Kennedy Space Center in Florida. “We are talking with NASA about holding another business and STEM expo in 2023 with smaller events leading up to it, like small and minority businesses having an opportunity to connect about their role in NASA (projects),” Limehouse said. That includes bringing higher education institutions and Historically Black Colleges and Universities to the table. “The CORE SC model is to show NASA all the partners that we work with on a regular basis,” Limehouse said. Any business involved in these industries is encouraged to reach out to CORE SC about their work. “We want to show NASA and other federal partners why bringing in all sectors to work together creates a more sustainable model,” Limehouse said. While Limehouse notes that a NASA Center of Excellence is several years down the line, he said it’s important for South Carolina to get a leg up and create innovation in this burgeoning industry. “This is going to be a slow burn,” Limehouse said. “Federal agreements take a long time, but all of our efforts go towards creating solutions for our citizens, economic development for our state and a chance to do more with NASA. Hopefully one day, they will have a permanent presence here.”

COMMENTARY / 9

S O U T H C A R O L I N A L A W Y E R S W E E K LY I Novem ber 7, 2022

How partnerships drive SC’s tech-based economic development ■ BY BOB QUINN South Carolina Research Authority Over the last several years, the U.S. economy has been undergoing a dramatic transformation as the nation moves to an economy driven by technology and innovation through the creation of new industries and the application of technology in traditional industries. Competing in a global economy, regions must have an economic base composed of firms that constantly innovate and maximize the use of technology in the workplace. Technology-based economic development (TBED) is the approach used to help create a climate where this economic base can thrive. Many South Carolina-based companies have embraced this trend by achieving TBED through a wide array of partnerships.

Partnering with research universities

The Clemson Composites Center (CCC) is truly distinctive, combining expertise in composite materials, design and manufacturing. CCC has partnered with Honda R&D Americas and JTEKT to design ultra-lightweight, 100% recyclable parts such as production auto doors and polymeric cages for bearings. Unlike many pure research facilities, CCC has the capability to produce prototype quantities of commercial parts. Experts can develop the right manufacturing strategy as well as perform Bob Quinn comparative processing studies to find the best solution for a company’s product. These services are complemented with an onsite, fully equipped test and inspection laboratory and certified personnel. The Medical University of S.C. partners with industry leaders to advance the future of research, health care delivery and education for their patients and students, as well as serving a crucial role in the development of the modern S.C. business ecosystem. The overarching goals of their strategic partnerships with MedTech giants like Siemens and Medtronic, as well as S.C.-based companies like Rhythmlink, are to foster innovation, ensure positive impact and promote transformation within the larger U.S. health system for the benefit of all. The University of South Carolina’s partnership with Siemens,

South Carolina-based companies have embraced the trend of technology-based economic development, which helps create a climate where this economic base can thrive. (Photo/Pexels)

IBM, and Yaskawa has enabled groundbreaking research in manufacturing in the Future Factories Lab at the McNair Aerospace Center. This partnership has resulted in a state-of-the-art Manufacturing Testbed that showcases the capabilities of manufacturing in the future. The Future Factories Lab was kickstarted by the South Carolina Research Authority (SCRA) through a grant enabling research on creating a Factory-to-Factory network. This research aims at the cohesive collaboration of multiple factory locations through advancements in techniques such as Semantics. Other research aims at integrating artificial intelligence to introduce autonomy into manufacturing, thereby enabling equipment to create decisions to optimize the manufacturing process.

Partnerships with early-stage companies Manufacturers must race to innovate to stay competitive and select the right disruptive technologies that drive improved performance and meet their return-on-investment goals. SCRA and the SC Manufacturing Extension Partnership often collaborate to de-risk technology adoption through pilot projects that can be scaled across multiple machines and plants. For example, Trane Technologies chose IoTco as a technology partner and subject matter expert with unique domain capabilities in Predictive Mainte-

nance and Predictive Quality. Trane used their Center of Excellence approach with a cross-functional team to train internal resources to scale quickly across their manufacturing footprint.

Partnerships withindustry

Manufacturers on the digital transformation journey pursue Industry 4.0 technologies and implement scalable solutions to improve their global competitiveness. Responding to industry requests, SCRA initiated the Corporate Innovation Forum to share Industry 4.0 best practices and to benchmark technologies, use cases, vendor choices, adoption challenges, and more. A common ergonomic issue led to the SCRA Exoskeleton Demo at the SC Manufacturing Conference, offering manufactures a real-world user experience involving multiple vendors. The Demo led to a pilot project at JTEKT, which is now sharing the results with other Forum members.

Partnerships with federal facilities

The Department of the Navy established the concept of a “tech bridge” to harness innovation in private businesses and academia to better serve and protect our country. Palmetto Tech Bridge, managed by the Naval Information Warfare Center Atlantic, partners with industry, academia, non-profits, private capital, and government entities to share information, support

collaboration spaces and generate dual-use solutions that both meet national defense needs and enhance the state’s economy. Savannah River National Laboratory provides several mechanisms for industry to engage with this world-class R&D facility. These include licensing opportunities, Strategic Partnership Projects, and Cooperative Research and Development Agreements. The Lab’s expertise in areas such as homeland security, hydrogen technology, materials, sensors and environmental science has applicability for a wide variety of industries located within the state, and a growing number of companies are leveraging that expertise. S.C.-based companies are increasingly recognizing that the “go it alone” approach to technology/product development has limited utility. Fortunately, there is a wealth of resources into which they can tap within the state. These partnerships are win-win scenarios, providing new solutions for the industry partners while resulting in multiple benefits for the other partners such as an increase in their capability base and job creation. Bob Quinn is the executive director of the South Carolina Research Authority. Find it online at scra. org, and on social media: Twitter: @SCRAInnovation; Facebook: facebook.com/SCRAInnovation; and LinkedIn: www.linkedin.com/company/scra/.

DEW names new assistant executive director of workforce development Nina Staggers is the new assistant executive director of workforce development for the S.C. Department of Employment and Workforce. In her new position, Staggers will be responsible for the direction and administrative oversight of federal workforce programs, according to a news release from DEW. She will also develop funded initiatives to address barriers keeping people from obtaining employ-

ment in high-growth, high-demand occupations. “I’m excited to transition into this new role at the agency,” Staggers said. “From the workforce development team to support staff, everyone at our agency is passionate about assisting South Carolinians in finding work, gaining financial independence, strengthening local businesses and improving communities through our workforce efforts.” She previously served as the

deputy assistant executive director of workforce development at the agency since Feb. 2021 and has worked at DEW for more than seven years. During her tenure at DEW, she has served as a project coordinator, director of grants management and director of special initiatives within the workforce development division. Staggers holds a bachelor’s degree from Clemson University and a doctorate from Widener University.

“Nina is a great example of an employee that works their way up through an agency by demonstrating exceptional talent, leadership qualities and a strong commitment to the job,” said Dan Ellzey, DEW’s executive director. “Her strong record of developing workforce partnerships and monitoring both large and small-scale projects speaks to her professionalism.” Staff report

NEWS / 11

S O U T H C A R O L I N A L A W Y E R S W E E K LY I Novem ber 7, 2022

‘Reimagining our waterfront’ Master plan to be attached to Ports Authority’s 70-acre property sale in downtown Charleston ■ BY JENNY PETERSON South Carolina Research Authority The South Carolina Ports Authority plans to put its 70-acre prime waterfront property in downtown Charleston up for sale — but not without a master plan attached to it that will guide development and offer unparalleled waterfront access to Charleston residents and visitors. Situated between Market Street and Joe Riley Waterfront Park with its famed Pineapple Fountain, the Union Pier property consists of 40 acres of high ground and 30 acres of piers and marshland with expansive views of the Mount Pleasant shoreline and the Ravenel Bridge across the Charleston Harbor. “We have a once-in-a-lifetime opportunity to reimagine our waterfront and take full advantage of this iconic asset,” the port states. The Ports Authority is holding a series of public meetings to get feedback and community input on the master plan. Potential uses for the Union Pier include creating a continuous waterfront promenade from the existing Waterfront Park with public parks and walkways, waterfront access, shopping, restaurants, parking areas, hotels, affordable housing and event space at the cruise line terminal on the property. While the Union Pier was a bustling port in the late 1800s, it hasn’t seen much action since the 1950s. It is currently being used for breakbulk cargo and as a home port and terminal for the Carnival Cruise Line. Starting in 2024, Charleston will no longer be a home port for the Carnival Cruise Line and will only be a port of call, meaning a stop for tourists to disembark for the day. The large parking lot used by cruise passengers at the Union Pier will no longer be needed. Creating a master plan before listing the property for sale has several benefits: first, it allows the Ports Authority to be good stewards of prime real estate on the Charleston peninsula; second, it allows the Ports Au-

thority to list it at a higher sale price, according to developers. With a master plan, all the due diligence and entitlements are already done, including zoning and surveys of existing structures and piers, said Jacob Lindsey, with Lowe, a private real estate company contracted by the Ports Authority to do property entitlements for the master plan. Lowe recently embarked on the high-profile development of The Cooper Hotel near the Union Pier, which is also set to have a public waterfront promenade. “The total property value (of the Union Pier)? The answer is nobody knows,” Lindsey said at a recent public meeting to collect community feedback. “You’d have to demolish piers, you have to build a giant park, everyone will value it differently and if the markets are in a good position, it can be worth a lot. It’s a big unknown now but the market will dictate it.” A Tax Increment Financing (TIF) revenue agreement will almost certainly be attached to the property, Lindsey said, which would allow developers to use taxes paid on the property to pay for infrastructure improvements, making the sale even more valuable. Lindsey said Lowe has been offered first right of refusal from the Ports Authority as a buyer and developer of the Union Pier. “There will be a bid process and we can look at the bids and have the first right of refusal. We hope to be owners, but with a trophy property like this, it’s highly likely that we will be outbid,” Lindsey said. Combined with extensive community feedback from public meetings and approval of the master plan by the city of Charleston, the ports’ timeline to put the property up for sale is late 2023 or early 2024. “We will sell it for the highest and best use,” the Ports Authority states. “The revenue from the sale will help fund critical port infrastructure projects for SC Ports — such as phases two and three of Leatherman Terminal — ensuring a fluid supply chain for portdependent businesses throughout

Members of the public look over aerial photographs of the Union Pier property, which the South Carolina Ports Authority plans to put up for sale. The 40-acre area is between Market Street and Joe Riley Waterfront Park. (Photo/Jenny Peterson)

South Carolina and beyond.” In addition to public waterfront access, there are other lofty goals and transformational opportunities for the Union Pier property, including improving flooding and protecting the area from storm surge. Tide gates, a living shoreline and other flooding protections were proposed at public meetings. Aesthetically, master plan options include creating alleyways to mimic Charleston’s street style and extending current streets leading to the property — Society, Laurens, Hasell and Pinckney streets — to the water’s edge of the development in order to “blend seamlessly with the fabric of Charleston.” “As an urban designer, there are things that I feel are very fundamental, including extending the historic street grid onto the site and making connections with walkability,” said Cassie Branum, a principal in urban design with Perkins & Will, an architecture, planning, and landscape design firm contracted to help with the master plan. “It takes a team a long time to come up with a master plan;

we’ve been learning about the area’s history, meeting with the city of Charleston and stakeholder groups.” While the master plan will dictate what type of development is allowed and where development will go, the city of Charleston’s Board of Architectural Review will maintain authority over the design of the buildings and amenities, Lindsey said. Development on the property is at least five to seven years out with a full buildout between 10-30 years, Lindsey said. “The Ports Authority could have just sold the property with the base zoning on it and there would be no master plan with green spaces or anything else,” Lindsey said. “With this route, the community sees the plan, the planning commission and city council vote on it, and everything in the plan is attached to it — affordable housing requirements, off-site improvements, roadway improvements — all of that will be wrapped into the master plan and adopted by city council.” To learn more, visit www.unionpiersc.com.

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JUNE 8, 2020 ■

In a first, COVID-19 concerns lead to compassionate release for inmate ■ BY CORREY E. STEPHENSON BridgeTower Media Newswires A U.S. district judge in South Carolina has granted a federal inmate’s motion for a reduced sentence in light of the presence of COVID-19 at his North Carolina prison facility. The order is reportedly the first in the state, but it may not be the last, with other inmates following suit and complaints having been filed by the American Civil Liberties Union on behalf of prisoners in both South Carolina and North Carolina. Joseph Leslie Griggs pleaded guilty in 2018 to illegal possession of firearms. In August 2019, he was sentenced to 25 months of incarceration and three years of supervised release, but in May he moved to have his sentence reduced pursuant to the federal compassionate release statute. Congress recently amended the statute as part of the First Step Act, to allow inmates to petition the federal courts for compassionate release once their administrative remedies with the Bureau of Prisons have been exhausted. Griggs argued that his release was required due to his medical conditions—particularly chronic obstructive pulmonary disorder (COPD)— and the spread of COVID-19 at the federal prison in Butner, North Carolina, where he was incarcerated. The federal government countered that Griggs had failed to make a sufficient showing of extraordinary and compelling reasons under the U.S. Sentencing Guidelines’ Policy Statement. But U.S. District Judge Donald C. Coggins Jr. ruled that the policy statement is limited in application to motions for reduction filed by the director of the BOP and hasn’t been updated since the First Step Act was passed. Coggins relied on the discretion vested in district courts to apply the factors spelled out in federal law in granting Griggs’s motion. “The Court finds that there are viable sentencing alternatives to Defendant finishing his custodial sentence at FCI Butner Low,” Coggins wrote. “The Court is reluctant to modify Defendant’s sentence, as he has already been spared years of time in federal prison due to his medical conditions. His criminal conduct was egregious and showed a blatant disrespect of the law; however, this Court cannot sit idly by and watch while COVID-19 destroys elderly and seriously infirm inmates in BOP custody.”

A ‘perfect storm of preexisting conditions’

While the policy statement provides “helpful guidance,” it doesn’t constrain a district court’s independent assessment of whether “extraordinary and compelling reasons” warrant a sentencing reduction, Coggins said. Griggs argued that his extensive medical conditions established extraordinary and compelling reasons

for a sentence reduction. The court acknowledged that Griggs, 54, was classified as borderline clinically obese and suffered from a host of conditions including spinal stenosis, degenerative disc disease, a narrow spinal canal, conjoined nerves at the lumbar of his back, sciatica nerve pain, high cholesterol, high blood pressure, COPD, diabetes, anxiety and depression. His medical conditions resulted in his placement at FCI Butner Low, where 76 active cases of COVID-19 had been confirmed among inmates as of May 21. “The Court further acknowledges that Defendant has the proverbial perfect storm of preexisting conditions that would make him vulnerable to severe complications if infected with COVID-19,” Coggins wrote. “The Court is particularly concerned with Defendant’s COPD.” District courts in other states have granted compassionate release motions under similar circumstances, Coggins noted, including Connecticut, New York, and Washington. “The common thread among these district court orders is that a sentence reduction is justified only when a defendant is of relatively advanced age and suffers from serious preexisting conditions,” the ruling reads. “The Court emphasizes that it will scrupulously examine future requests for compassionate release and will only grant such requests in extraordinary and compelling cases.” Coggins emphasized that potential exposure to COVID-19 alone is not a basis for a reduced sentence, nor does the existence of one or more preexisting conditions guarantee release. Instead, the court must analyze each defendant on a case-by-case basis.

COVID-19 cases continue to climb

Applying the statutory factors, Coggins concluded that Griggs’ request was a “very close question in light of the severity and scope” of his criminal conduct. Griggs was “brazen” about his criminal conduct, Coggins wrote, leaving numerous stolen goods in plain view at his house and purchasing a firearm from a law enforcement officer with full knowledge that he was prohibited from owning a firearm due to a 10-year sentence in 1992 for property crimes. While the nature and circumstances of Griggs’s offense and history, as well as the seriousness of the offense, weighed in favor of serving his full term of imprisonment, Coggins expressed concern about the severity of the COVID-19 problem at Butner. “The number of positive cases among inmates and staff continues to climb at all of the BOP facilities at Butner,” he wrote. “This directly endangers Defendant’s health; however, it also stifles the opportunity for Defendant to receive prompt and

adequate treatment for his medical conditions.” Although Coggins found that the factors tipped in favor of reducing Griggs’s sentence to time served, he imposed several conditions, modifying the three years of supervised release to home incarceration for the first 18 months (with GPS location monitoring), a 14-day self-quarantine after release, and a ban on leaving his home other than for scheduled doctors’ appointments (including for work, church, or social events). Coggins also sent a message to the BOP, reminding the agency that it is in the best position to evaluate inmates’ health conditions, risk of infection and complications, dangerousness as well as the need for avoiding sentencing disparities. “It is critical that district courts give full consideration to all motions for compassionate release and be mindful of the lack of resources available to many federal inmates,” the ruling reads. “Law must be applied uniformly, and the BOP must be mindful of its obligation to apply the criteria in the Policy Statement fairly to all inmates, not just those high-profile inmates who can afford a bullpen of legal and medical experts.”

More cases to come?

Paul V. Cannarella of Hartsville and Rose Mary Parham of Florence represented Griggs. Michael R. Ray of from Hartsville, a non-attorney who assisted with Griggs’ defense, said that this was the first case in the District of South Carolina where an inmate received compassionate release solely based on COVID-19 as a reason

Reprinted with permission of South Carolina Lawyers Weekly

for release under the First Step Act, and Coggins granted the motion despite serious misgivings. “Griggs is certainly not his favorite defendant,” Ray said. “Judge Coggins didn’t think he deserved to be out, didn’t want him out and didn’t think he served long enough, but he couldn’t turn a blind eye to the dangers facing [Griggs] if he stayed in prison.” A spokesperson for the U.S. Attorney’s Office declined to comment on the order. The order could be the first of many in the state, with a lawsuit recently filed by the ACLU on behalf of incarcerated individuals at risk of serious harm or death from COVID-19 due to underlying medical conditions. In addition, the suit seeks policy and procedural changes at Spartanburg County Detention Center such as allowing free, unlimited access to soap, disinfecting cleaners, and personal protective equipment, as well as requiring social distancing of six feet, with enforcement. The issue has also reached the 4th U.S. Circuit Court of Appeals in the case of Albert Parish, who pleaded guilty to charges of fraud and began serving a 24-year prison sentence in 2008. Mount Pleasant attorney Cameron Jane Blazer is handling Parish’s appeal and will point to the Griggs decision for support. “The BOP has demonstrated at [multiple facilities] that they do not possess the ability to protect the people who are there from this or other kinds of health issues arising out of institutionalized settings,” Blazer said. The Associated Press

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Senior Vice President, General Counsel, Corporate Secretary • AVX Corporation Greenville

van Meyer Slavitt believes lawyers must lead with an eye toward the values of the profession and the next generation of lawyers that will follow them. “Being a leader is more than just an operational job. It requires a strong ethical and teaching component,” he says. Slavitt grew up on Cape Cod in Massachusetts and enjoyed participating in the Harwich Junior Theatre, an organization that relied on participating children to act, build the sets, run lighting and sound, work on costumes, and perform other chores. In that environment, the adults expected the kids to be responsible and professional.

“I think this approach was essential to my later academic and professional success,” he says. “Further, I got a chance to fly on stage as John in Peter Pan and to play Templeton the Rat in Charlotte’s Web,” he says. Slavitt earned Bachelor of Arts and Master of Arts degrees in economics from Yale University and a J.D. from Harvard Law School, where he was editor of the Harvard Law Review. He is senior vice president, general counsel, and corporate secretary at AVX Corporation, a global manufacturing facility in Greenville. He is also a commercial, environmental, and appellate panel member for the American Arbitration Association. He points to Bob Sylvia as his most important mentor who taught him lessons about how to be an effective trial lawyer. “Bob was a partner in a law firm I joined when I went into private practice,” Slavitt says. “In addition to his technical coaching, he helped me understand how to find joy in the grind of litigation and how to manage the stress of private practice.” If Slavitt had not become a lawyer, he likely would have pursued a career in economics because “economics is both intellectually challenging and has real-world implications,” he says.

His first job at a bakery, which required him to go to work at 4 a.m. every day, taught him to find joy in his work. “The lead baker was always there when I arrived, and had been for some time,” Slavitt says. “He never complained because he loved what he did and showed me the important of finding work that you love, because that diminishes all the ancillary problems.” While Slavitt cites managing work/ life balance as one of his biggest career challenges, he draws from advice his Latin teacher gave him to put things in perspective. “He said ‘don’t sweat the small stuff,’” he recalls. “Just because something is immediate, doesn’t mean it is important. When there were chores to do at home, they sometimes didn’t get done because taking my kids to the park was more important.” When Slavitt takes a vacation, he enjoys visiting islands in the Caribbean where his cell phone doesn’t work, and where he can simply sit on the beach with a fruity beverage. Some people may not know that Slavitt likes to relax by doing needlepoint, and he has published a novel titled Death of a Prosecutor.

Reprinted with permission of North Carolina Lawyers Weekly

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