MARLEY v. KIRBY

20715

271 S.C. 122 (1978)

245 S.E.2d 604

Coleen B. MARLEY (Mrs. Eugene Marley), Appellant, v. Leland Eugene KIRBY, Respondent.

Supreme Court of South Carolina.

June 19, 1978.


Attorney(s) appearing for the Case

Berry & Berry, Columbia, for appellant.

Belser, Kemmerlin & Ravenel, Columbia, for respondent.


June 19, 1978.

Per Curiam:

Appellant Marley challenges the constitutionality of the South Carolina comparative negligence statute, Code Section 15-1-300 (1976). We conclude the statute violates the equal protection clause of the South Carolina and United States Constitutions.

Appellant brought suit against respondent Kirby for injuries sustained in an automobile collision, and respondent counterclaimed...

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