Team Successful in Prosecuting Appeal to S.C. Supreme Court

William O. Sweeny III and William R. Calhoun, Jr. were recently successful in prosecuting an appeal to the South Carolina Supreme Court for a client, United Services Automobile Association (USAA). SW&B did not handle the action in the lower court, the circuit court, but was asked to bring the appeal based on an adverse holding in that circuit court. The Supreme Court reversed the circuit court's order granting partial summary judgment in this declaratory judgment action, holding that USAA had a duty to defend claimant against a wrongful death and survival action arising out of an accident caused by the claimant's non-resident, emancipated son while driving a "non-owned" automobile. Among its holdings, the Supreme Court stated the circuit court should have first determined whether the allegations in the underlying complaints brought the claims within the claimant's policy coverage. Instead, the circuit court omitted this step and considered factual allegations presented at the summary judgment stage that were not part of the complaints, in result erroneously finding USAA had a duty to defend.
USAA Prop. & Cas. Ins. v. Clegg, No. 26476 (April 28, 2008).

Sweeny, Wingate & Barrow Names Three New Associates

Andrew Mathias, Jason Reynolds, and Jonathan Yarborough have joined the Columbia office as associates.

Andrew Mathias is a 2007 graduate of the University of South Carolina School of Law. He received his Bachelor of Arts in political science, magna cum laude, from Clemson University in 2004. His practice areas include transportation, premises liability, products liability, medical malpractice, construction defects, and probate litigation.

Jason Reynolds is a 2007 graduate of the University of South Carolina School of Law. He received his Bachelor of Arts in English from The Citadel in 2002. His practice areas include medical malpractice defense, transportation, premises liability, products liability, construction defects, and general auto negligence cases.

Jonathan Yarborough is a 2007 graduate of the University of South Carolina School of Law. He received his Bachelor of Arts in political science, magna cum laude, from Clemson University in 1999. His practice areas include construction litigation, medical malpractice defense, trucking litigation, and insurance defense.

"We are delighted to add these talented associates to our firm," says Ken Wingate, founding partner of Sweeny, Wingate & Barrow, P.A. "We continue to strengthen our team."

Mark Barrow Named to Board of Directors of National Organization

Founding Partner Mark S. Barrow has been named to the 2007-2008 board of directors of USLAW, a national organization comprised of 61 law firms who become part of the USLAW NETWORK by invitation only.

In addition to this new appointment, Barrow has led attorneys from across the nation as chairman of the USLAW Transportation Committee since early 2006, where he has focused on leading the development of a nationwide emergency response team that transportation and trucking companies can contact for immediate response to legal issues and accidents. Barrow has 20 years of experience in truck and transportation litigation, insurance coverage, medical malpractice, and product liability. His practice includes appellant proceedings before the South Carolina Supreme Court and the U.S. Court of Appeals. He maintains an AV® rating by Martindale-Hubbell.

The USLAW NETWORK is comprised of firms subjected to a rigorous peer review process to ensure they attain the highest quality of professional ability and ethics. The highest rating is an AV® Peer Review Rating as administered by Martindale-Hubbell, which indicates a law firm and its attorneys have reached the height of professional skill and ethical excellence. USLAW NETWORK attorneys are experienced in litigation and have substantial trial experience.

Estate Planning and Financial Courses Available

Sweeny, Wingate & Barrow attorneys provide a range of educational courses and seminars for their clients, potential clients, and other professionals. These courses include a certified financial planning course taught by Ken Wingate in the summer of 2007 and again in 2008 through The University of South Carolina's Moore School of Business in Columbia, SC. The firm also offers an estate planning/financial course customized for individual businesses, professional associations, and medical groups. Contact Ken Wingate or Paul Kent in the main office for information about participating in an upcoming seminar or having one created for your organization.

Gov. Mark Sanford Appoints Kenneth B. Wingate as State Treasurer

By Executive Order, South Carolina Gov. Mark Sanford Appointed Sweeny, Wingate & Barrow founding shareholder Kenneth B. Wingate as the state's treasurer June 20, 2007. Wingate served as interim treasurer until August 2007 while continuing to serve the needs of his clients.

"Given the importance of this office, we were faced with somewhat of a crisis and realized it was imperative to name someone to lead this office immediately," Gov. Sanford said. "Whether it's been his work with our MAP Commission or more recently on the Commission for Higher Education, Ken is a person of integrity that I have an enormous amount of respect for. I can't say enough about Ken's willingness to do this here in the short term, and for his willingness to help us look for a longer term replacement critical to managing that office."

Shareholders of the firm practice for the 5th Annual Cedar Creek Classic, Ben Lippen School’s annual fundraiser

Held April 28, this year the school raised more than $56,000 for the Ben Lippen Annual Fund, which provides classroom equipment and scholarships, among other expenditures not covered in the general budget. Pictured left to right are: Rett Kendall II, Bill Sweeny III, Martin Driggers Jr., Ken Wingate, and Mark Barrow. Kendall, Wingate, and Barrow are on the Cedar Creek Classic steering committee, and Barrow is the committee chairman.

Attorneys Wingate and Kent to speak at Basics of Estate Planning & Administration Conference

Shareholder Kenneth B. Wingate and Associate Paul D. Kent will both present at the May 3-4, 2007, Basics of Estate Planning & Administration seminar presented by the S.C. Bar Continuing Legal Education Division. Wingate will speak about “Substantive Law of South Carolina,” and Kent will present on “Ethics for the Estate Planner.” To register, contact the South Carolina Bar.

Attorneys Sweeny and Calhoun successfully defend S.C. District Council of Assemblies of God and other respondents

Attorneys William Sweeny, III and William Calhoun, Jr. successfully defended the South Carolina District Council of Assemblies in an appeal arising from a declaratory judgment action involving a property dispute between the Council and River of Life International Worship Center. http://www.sccourts.org/opinions/displayOpinionPF.cfm?caseNo=4216

Wingate Successfully Argues Probate Case in front of S.C. Supreme Court

Kenneth B. Wingate, shareholder, successfully argued a landmark South Carolina probate case, Dreher v. Dreher , that upheld South Carolina law stating married couples must leave a minimum ¹/₃ of their estates to their spouses. The case arose when former Columbia Mayor Julius Clarence Dreher, Jr.’s last will and testament did not provide the required minimum benefit to his surviving wife, Anna Martha Dreher. Wingate successfully argued that Mrs. Dreher should receive her elective share of the estate because Mr. Dreher’s revocable inter vivos trust (where most of the estate was contained) was void and illusory. Therefore, the contents of the trust were opened up as part of the calculation of Mrs. Dreher’s ¹/₃ share of the estate.

Ken Wingate Appointed by Governor Sanford to S.C. Commission on Higher Education

Founding Partner Kenneth B. Wingate has been appointed to the S.C. Commission on Higher Education by South Carolina Governor Mark Sanford. Wingate has been approved by the S.C. Senate and will serve as an at-large commission member through July 2008.

“Improving quality and affordability of our state’s colleges and universities is key to South Carolina’s continued ability to compete in the 21^st century economy,” says Gov. Sanford. “Ken’s work on the MAP Commission has shown that he’ll be a great fit for the CHE as they go about their work of identifying ways for our schools to collaborate and maximize the use of taxpayer dollars.”

The S.C. Commission on Higher Education serves as the state’s coordinating board for public higher education and promotes quality and efficiency in the state’s system of higher education. The Commission works with the Governor and General Assembly to develop a higher education agenda, articulates policy issues, ensures accountability of public higher education institutions, and oversees about $200 million in state-funded student aid programs.

Wingate is founding partner of Sweeny, Wingate & Barrow. He is a native of Columbia and is a former certified public accountant and is a certified specialist in estate planning and probate law. He is a Fellow in the >American College of Trust and Estate Counsel (ACTEC), a member of the American Bar Association, the Columbia Estate Planning Council, the South Carolina Association of Certified Public Accountants, the American Institute of Certified Public Accountants, and is enrolled to practice before the United States Tax Court.

Martin Driggers Named Special Prosecutor of Criminal Domestic Violence Cases for Attorney General’s Office

Martin S. Driggers, Jr. has been certified by South Carolina Attorney General Henry McMaster’s office as a pro bono special prosecutor of criminal domestic violence cases in Lee, Florence, Darlington, Marlboro, and Chesterfield counties. Attorney General Henry McMaster has named domestic violence the number one criminal problem in South Carolina. According to his office, there were more than 35,000 reported victims of domestic violence in the state in 2004. In order to combat this problem, the Attorney General has instituted a statewide program to enlist attorneys to help prosecute cases through a pro bono program. Since program inception, more than 100 attorneys have been certified through the program, 44 of which are actively prosecuting cases.

“Domestic violence is the number one crime problem in South Carolina. Prosecutors are desperately needed in every courtroom, for every case of criminal domestic violence. Tough laws are useless if defendants are not convicted of their crimes,” said Attorney General Henry McMaster.

Driggers is a shareholder in Sweeny, Wingate & Barrow’s Pee Dee office. He is a native of Hartsville and is licensed to practice law in both North Carolina and South Carolina. He also actively serves on the healthcare committee of the S.C. Bar, is a member of the Darlington County Bar Association, the Defense Research Institute, S.C. Defense Trial Attorneys Association, Lawyers for Civil Justice South Carolina Expert Evidence Initiative, and the Christian Legal Society.

Mark Barrow Named to Lead Transportation Committee of National Organization

Founding Partner Mark S. Barrow has been named chairman of the transportation committee of USLAW, a national organization comprised of 58 law firms who become part of the USLAW NETWORK by invitation only. Sweeny, Wingate & Barrow is the only Columbia firm that holds membership in the network.

Barrow will lead 115 member attorneys from across the nation as chairman of the Transportation Committee, including speaking to them and their corporate clients at seminars in various parts of the country and sharing up-to-date information on legislation and best practices. His duties include leading the development of a nationwide emergency response team that transportation and trucking companies can contact for immediate response to legal issues and accidents.

Barrow has 19 years of experience in truck and transportation litigation, insurance coverage, medical malpractice, product liability, and toxic torts. His practice includes appellant proceedings before the South Carolina Supreme Court and the U.S. Court of Appeals. He maintains an AV® rating by Martindale-Hubbell.

Sweeny, Wingate & Barrow Names New Associate

Sweeny, Wingate & Barrow, P.A., is pleased to announce Darrell W. Carter has joined the firm as its newest associate. He will be based in the Columbia office and will focus primarily on construction litigation, trucking litigation, and medical malpractice.

After graduating from >Wake Forest University in May 1998 with a B.S. in Business, Carter worked in sales and marketing for several national companies. He obtained a law degree from the University of >South Carolina in May 2005, where he was a member of the Southeastern Environmental Law Journal, Christian Legal Society, and an SBA Legislative Representative.

Sweeny, Wingate & Barrow Opens Pee Dee Office

Sweeny, Wingate & Barrow, P.A., has opened an office in Hartsville, SC, at 115 Cargill Way, Suite B. Managing Partner Martin S. Driggers Jr., Esq., will oversee the new office. According to Driggers, the Pee Dee office will handle all aspects of the firm’s work for eastern South Carolina .

Driggers is a native of Hartsville and has practiced with Sweeny, Wingate & Barrow since 1999. He is licensed to practice law in both South Carolina and North Carolina. He also actively serves on the healthcare committee of the South Carolina Bar, is a member of the Darlington County Bar Association, the Defense Research Institute, the S.C. Defense Trial Attorneys Association, the Lawyers for Civil Justice South Carolina Expert Evidence Initiative, and the Christian Legal Society. Prior to his work with Sweeny, Wingate & Barrow, he graduated from >Clemson University, obtained a law degree from the University of >South Carolina, and clerked for two years for U.S. District Judge Henry M. Herlong, Jr. in Greenville.