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TATE v. SLOAN CONSTRUCTION CO., INC.

20304

267 S.C. 512 (1976)

229 S.E.2d 846

John B. TATE, Respondent. v. SLOAN CONSTRUCTION COMPANY, INC., and L.A. BARRIER and Sons, Appellants.

Supreme Court of South Carolina.

November 9, 1976.

Attorney(s) appearing for the Case

Hoover C. Blanton, Esq, of Whaley, McCutchen & Blanton, Columbia, for Appellant, Sloan Construction Company, Inc.

R. Davis Howser, Esq., of Richardson, Plowden, Grier & Howser, Columbia, for Appellant, L.A. Barrier and Sons.

Herbert W. Louthian, Esq., of Louthian & Merritt, Columbia, for Respondent.

November 9, 1976.

NESS, Justice:

This is an appeal from a personal injury action. Respondent was driving a motorcycle designed for trial riding when he overtook a car following a loaded asphalt dump truck proceeding slowly up a hill. The truck was in the proximity of a fire break entrance where respondent intended to ride. Respondent turned onto the unpaved shoulder to the right of the vehicles and allegedly hit an...

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