MARLEY v. KIRBY

20920

273 S.C. 16 (1979)

253 S.E.2d 370

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

Supreme Court of South Carolina.

March 27, 1979.


Attorney(s) appearing for the Case

County Court of Richland County; Owens T. Cobb, Jr., County, Judge.

Belser, Kemmerlin & Ravenel, Columbia, for appellant.

Graydon, Suber & Adams, Columbia, for respondent.


March 27, 1979.

NESS, Justice:

In Marley v. Kirby, S.C. 245 S.E.2d 604 (1978), we held the South Carolina comparative negligence statute unconstitutional and remanded the case for retrial. On remand, the trial judge ruled that since only Marley had appealed the original decision, the verdict against Kirby should not be disturbed. This was error.

Our intention in

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