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ELAM v. ELAM

21257

275 S.C. 132 (1980)

268 S.E.2d 109

Kimberly ELAM, by her Guardian ad Litem, Barbara Watkins, Appellant, v. Rosa Marie ELAM, Respondent. Stephanie ELAM, by her Guardian ad Litem, Barbara Watkins, Appellant, v. Rosa Marie ELAM, Respondent. Randall K. MAW, by his Guardian ad Litem, Mary Alice Maw, Appellant, v. Jimmy MAW, Respondent.

Supreme Court of South Carolina.

July 2, 1980.

Attorney(s) appearing for the Case

John K. Koon, Columbia, for appellants Kimberly and Stephanic Elam.

Gerald G. Wilson, Spartanburg, for appellant Randall Maw.

William W. Watkins, Sr., of Turner, Padget, Graham & Laney, Columbia, for respondent Rosa Elam.

Love, Thornton, Arnold & Thomason, Greenville, for respondent Jimmy Maw.

N. Gail Duffie, of D. Kenneth Baker, P.A., Darlington, amicus curiae for S.C. Trial Lawyers.

July 2, 1980.

NESS, Justice:

These consolidated appeals present an identical issue: Is § 15-5-210, Code of Laws of South Carolina (1976), which abolishes the parental immunity doctrine only in motor vehicle accident cases, unconstitutional? We conclude it is.

Both cases involve unemancipated minor passengers who were injured while riding in automobiles allegedly operated negligently by a parent. The trial court held the statute violated the equal...

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