CHESTER v. DEPARTMENT OF PUBLIC SAFETY

No. 26833.

388 S.C. 343 (2010)

698 S.E.2d 559

Carolyn CHESTER, as Personal Representative of the Estate of Sherman E. Boutte, Jr., Appellant, v. SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, South Carolina Department of Transportation, South Carolina Forestry Commission, Gary Thomas LaSalle, COBRA Transport a/k/a Cobra Automobile Transporting, Alternative Transport Services, Florida Auto Transport, Vic Mullins as the Personal Representative of the Estate of Jacob Trey Hall, Robin H. Miller, as the Personal Representative of the Estate of Rory Miller, Jeremy Crye, Ryder Truck Rental, Inc., Darren Mosley, RSC Transportation, Inc., Randel Brigman, Ernestine Hare Arnette, Mayflower Movers a/k/a Mayflower Transit, LLC and American Way Moving and Storage, Inc., Defendants, of whom the South Carolina Department of Public Safety, South Carolina Department of Transportation and South Carolina Forestry Commission are the Respondents.

Supreme Court of South Carolina.

Re-filed August 23, 2010.


Attorney(s) appearing for the Case

Mark B. Tinsley , of Gooding and Gooding, of Allendale, and Robert Norris Hill , of Newberry, for Appellant.

Lisa A. Reynolds , of Anderson & Sequi, of Charleston; R. Morrison M. Payne and Christy Scott , both of Scott & Payne, of Walterboro; and Roy Pearce Maybank , of Charleston, for Respondents.


PER CURIAM:

Appellant contends the trial judge erred in ordering her, the plaintiff in this Tort Claims Act (TCA) suit brought against three state agencies (respondents), to join other alleged joint tortfeasors as defendants at respondents' request, in order to effectuate the respondents' right to a proportionate verdict under S.C.Code Ann. § 15-78-100(c) (2005). The trial judge agreed with respondents that he could require appellant to add party defendants,...

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