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WELCH v. EPSTEIN

No. 3235.

342 S.C. 279 (2000)

536 S.E.2d 408

Kimberly Johnson WELCH, as Personal Representative of the Estate of Marshall O. Welch, Jr., Respondent/Appellant, v. Franklin M. EPSTEIN, M.D.; Martin Greenberg, M.D.; and Southern Neurologic Institute, P.C., Defendants, of whom Franklin M. Epstein, M.D. and Southern Neurologic Institute, P.C. are Appellants/Respondents.

Court of Appeals of South Carolina.

Decided July 31, 2000.

Rehearing Denied November 4, 2000.

Attorney(s) appearing for the Case

Stephen P. Groves, Sr., John Hamilton Smith and Stephen L. Brown, all of Young, Clement, Rivers & Tisdale, of Charleston; and David A. Brown, of Aiken, for Appellants/Respondents.

Doyet A. Early, III, Richard B. Ness and Norma A.T. Jett, all of Early & Ness, of Bamberg, for Respondent/Appellant.

Amicus Curiae: O. Fayrell Furr, Jr., of Furr & Henshaw; and Glenn V. Ohanesian, of Ohanesian & Ohanesian, both of Myrtle Beach, on behalf of the South Carolina Trial Lawyers Association.

ANDERSON, Judge:

This is a medical malpractice case arising out of the death of Marshall O. Welch, Jr. The jury awarded actual damages of $28,535.88 in the survival suit, $3,000,000 in the wrongful death claim, and punitive damages of $3,900,000. After the verdict, the judge issued an order entering a partial set-off against the verdicts based upon a settlement with a prior defendant. Cross appeals have been filed. Dr. Franklin Epstein and Southern Neurologic Institute...

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