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Supreme Court affirmed the Court of Appeals' decision upholding the circuit court's sanctions against Petitioners (Crest Energy Partners and co-defendants) for discovery violations, including striking their answer and counterclaims in the breach of contract, fraud, and trade secret misappropriation action brought by Innovative Waste Management.
Innovative Waste Management brought this action against Dunhill Products, Crest Energy Partners, Henry Wuertz, and Edward Girardeau asserting claims for, among other claims, breach of contract, fraud, and misappropriation of trade secrets. After seven years of discovery, the circuit court found the Petitioners in contempt for violating prior discovery orders and sanctioned them by striking their answer and counterclaims. Petitioners appealed to the court of appeals, which affirmed in an unpublished opinion. Innovative Waste Management v. Crest Energy Partners GP, LLC, et al., Unpub. Op. No. 2023-UP-126 (Ct. App. 2023). We granted certiorari to decide whether the court of appeals erred in finding (1) that the Petitioners waived review of the trial court's interlocutory discovery orders under Davis v. Parkview Apartments, 409 S.C. 266, 762 S.E.2d 535 (2014); and (2) that the circuit court did not abuse its discretion by striking Petitioners' answer and counter claims under Rule 37(b)(2)(C), SCRCP. We adopt the well-reasoned opinion of the court of appeals and affirm.
This summary was generated to explain the ruling in plain English and is not legal advice.
For eighty-two years, this Court struggled to correctly apply the "statutory employee doctrine." Today, following our more recent decisions on the statutory employee doctrine, we apply the doctrine in light of the General Assembly's original purpose for enacting it. We find the circuit court and the court of appeals correctly determined the injured worker was not the statutory employee of the defendant.
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