The Law Office of Mark C. Tanenbaum, P.A. handles hundreds of cases for injury victims throughout the nation. In several instances, our case work has led to new protection for consumers and new ways to recover for injured consumers. To give you an idea of the kinds of cases we try, here are some case summaries of litigation with which we've been involved.
- Tenant rights
We filed a suit for a client who was severely burned in a 1993 electrical fire. We argued that the landlord had a duty to provide a fit and habitable dwelling to a tenant. But, such a claim was not considered a basis for recovery by a tenant against a landlord in South Carolina at that time. In Holmes v. Rosner, 289 S.C. 287, 346 S.E.2d 37 (Ct. App. 1986), while we lost at the trial court level, the South Carolina Supreme Court agreed with us on appeal and reversed to recognize an express warranty in favor of tenants. At the same time, we helped to lobby the S.C. General Assembly to rewrite the landlord-tenant laws to create a landlord's implied warranty to provide a fit and habitable dwelling. Our trial and appellate work led to a new cause of action in South Carolina courts that provides additional protection to tenants.
- Slip and fall
In Denaux v. U.S., 572 F.Supp. 659 (D.S.C. 1983), we filed suit on behalf of an elderly woman who broke her hip after slipping on produce on the floor of a government commissary. At trial, the judge found that the commissary was negligent in the way it displayed its produce, which allowed the produce to fall to the floor. This was a new theory of liability for South Carolina which we persuaded the court to adopt. The judge awarded very significant damages and expenses, especially for that era.
- Other cases of interest
Beach v. Atlas Van Lines, Inc., 2011 U.S. Dist. LEXIS 21458 (D.S.C. Mar. 3, 2011)
Hartsock v. Am. Auto. Ins. Co., 788 F. Supp. 2d 447 (D.S.C. 2011)
Dema v. Tenet Physician Services-Hilton Head, Inc., 383 S.C. 115, 678 S.E.2d 430 (S.C. 2009)
Beachfront Entm't, Inc. v. Town of Sullivan's Island, 379 S.C. 602, 666 S.E.2d 912 (S.C. 2008)
Runkle v. Genesis Worldwide II, Inc., 143 Fed. Appx. 515, 2005 U.S. App. LEXIS 15338 (4th Cir. S.C. 2005)
Jones v. Allstate Ins. Co., 258 F. Supp. 2d 424 (D.S.C. 2003)
Beach v. Atlas Van Lines, Inc., 2009 U.S. Dist. LEXIS 131302 (D.S.C. Sept. 10, 2009)
Ancrum vs. U.S. Fidelity & Guar. Co., 301 S.C. 32, 389 S.E.2d 645 (S.C. 1989). In this case, we established the obligation of a worker's compensation insurer to undertake reasonable care in performing plant safety inspections.
U.S. Fidelity & Guar. Co. vs. Patriot's Point Dev. Auth., 772 F.Supp. 1565 (D.S.C. 1991); U.S. Fidelity & Guar. Co. vs. Patriot's Point Dev. Auth., 788 F. Supp. 880 (D.S.C. 1992). In this case, we recovered many millions of dollars for bondholders who invested in a public bond issued for a private developer.
Bates vs. Merritt Seafood, Inc., 663 F.Supp. 915, 1989 A.M.C. 81 (D.S.C. 1987). In this case, we won over a million dollar judgment.
Vermont Mut. Ins. Co. v. Singleton, 316 S.C.5, 446 S.E. 2d 417 (1994).
Schumacher v. Cooper, 850 F. Supp. 438 (D.S.C. 1994).
Baker v. Town of Sullivan's Island, 279 S.C. 581, 310 S.E. 2d 433 (Ct. App. 1983)