C. Special Damages Defined
1. The Todd/Vaught Definition
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13.1 It has accordingly been held that where the other causes of action in a complaint seek only injunctive relief, a claim for damages pursuant to a civil conspiracy cause of action meets the "special damages" test. Cricket Cove Ventures, LLC v. Gilland, 390 S.C. 312, 324-25, 701 S.E.2d 39, 46 (Ct. App. 2010).
2. Recent Developments
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In August 2016, two Justices called for abandoning the "special damages" rule.29.1 Then-Chief Justice Costa Pleicones, dissenting, stated, "I would overrule Todd and its progeny to the extent they create a 'special damages' pleading and/or proof requirement for a civil conspiracy cause of action."29.2 He did so on grounds that Todd had misread the authority on which it had based the rule.29.3 That authority, the Chief Justice argued, stood merely for the proposition that one may not recover twice for the same acts, once as an underlying tort and once as a conspiracy.29.4 Then-Associate Justice Donald W. Beatty agreed.29.5
The dissenting Justices' position in Allegro is, in result, the same as the position reached by the unanimous per curiam court 12 years earlier in People's Federal. See notes 14-19 in the main volume and text accompanying (discussing Peoples Fed. S&L Ass'n v. Res. Planning Corp., 358 S.C. 460, 596 S.E.2d 51, 56-57 (2004)). The two positions differ in that People's Federal professed-inaccurately, in the present author's view-to...
