Plaintiff does not address the "law of the case" rule, but argues the Sheek definition is inconsistent with subsequent state supreme court decisions. In Gynecology Clinic, Inc. v. Cloer, 514 S.E.2d 592, 593 (1999), the South Carolina Supreme Court upheld a civil conspiracy verdict against anti-abortion protestors which stemmed from their demonstrations outside an abortion clinic. The protestors aimed to "discourage women from patronizing respondent's business with the goal of making abortion unavailable."
" Future Group, II v. Nationsbank, 324 S.C. 89, 100, 478 S.E.2d 45, 51 (1996) (citing Todd v. S.C. Farm Bureau Mut. Ins. Co., 276 S.C. 284, 292, 278 S.E.2d 607, 611 (1981)). In Gynecology Clinic, Inc. v. Cloer, 334 S.C. 555, 556, 514 S.E.2d 592, 593 (1999), our supreme court clarified that "[i]n a conspiracy action, what is required is proof of the fact of damages, not certainty of amount." In granting summary judgment, the trial court relied exclusively onRoss v. Life Ins. Co. of Va., 273 S.C. 764, 259 S.E.2d 814 (1979).
South Carolina courts have been less clear about what additional specific limitations might exist with respect to damages that may be recovered on a civil conspiracy claim. See Gynecology Clinic, Inc. v. Cloer, 334 S.C. 555, 514 S.E.2d 592, 593 (1999) (citing Charles v. Texas Co., 199 S.C. 156, 18 S.E.2d 719, 726-29 (1942) (discussing available damages in context of unlawful conspiracy)). On the issue of special damages, the judge instructed the jury as follows:
Plaintiffs' claim for civil conspiracy is legal in nature. Gynecology Clinic, Inc. v. Cloer, 514 S.E.2d 592, 592 (S.C. 1999) ("An action for civil conspiracy is an action at law[.]"). As such, Plaintiffs are entitled to a jury trial on their claim for civil conspiracy.
An action for civil conspiracy is an action at law; the trial judge's findings will be upheld on appeal unless they are without evidentiary support. Gynecology Clinic v. Cloer, 334 S.C. 555, 514 S.E.2d 592 (1999). Peoples Federal, 358 S.C. at 470, 596 S.E.2d at 57.
An action for civil conspiracy is an action at law, and the trial court's findings will be upheld on appeal unless they are without evidentiary support. Gynecology Clinic, Inc. v. Cloer, 334 S.C. 555, 556, 514 S.E.2d 592, 592-93 (1999). A civil conspiracy is a combination of two or more persons joining for the purpose of injuring and causing special damage to the plaintiff.
An action for civil conspiracy is an action at law; the trial judge's findings will be upheld on appeal unless they are without evidentiary support. Gynecology Clinic v. Cloer, 334 S.C. 555, 514 S.E.2d 592 (1999). In relevant part, the 1988 Amendments provide: