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MILLIGAN'S v. S.C. DEPT., HWY. AND PUBLIC TRANS.

0274

283 S.C. 59 (1984)

320 S.E.2d 505

Hosea MILLIGAN, Appellant, v. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, McRaney Fulmer, Gerald L. Shealy, and Wiley W. McMillan, Respondents. CAROLEASING, INC., Appellant, v. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, McRaney Fulmer, Gerald L. Shealy, and Wiley N. McMillan, Respondents. CAROLINA FREIGHT CARRIERS, Appellant, v. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, McRaney Fulmer, Gerald L. Shealy, and Wiley N. McMillan, Respondents. Wallace TALLENT, Jr., Appellant, v. McRaney FULMER, Gerald L. Shealy, and Wiley N. McMillan, Respondents.

Court of Appeals of South Carolina.

Decided September 17, 1984.

Attorney(s) appearing for the Case

William C. Cleveland, of McKay & Guerard, P.A., Columbia, for appellants.

F. Earl Ellis, Ernest J. Nauful, Jr., and William H. Davidson, III, of Nauful & Ellis, and Asst. Atty. Gen. M. Richbourg Roberson, Columbia, for respondents.

Atty. Gen. T. Travis Medlock, Retired Atty. Gen. Daniel R. McLeod, Asst. Atty. Gen. Richard D. Bybee and Staff Atty. Bristow Marchant, Columbia, amicus curiae.

Heard July 30, 1984.

Decided Sept. 17, 1984.

CURETON, Justice:

The appellants, Milligan, Tallent, CaroLeasing, Inc. and Carolina Freight Carriers, each, brought separate suits against the respondents, South Carolina Department of Highways and Public Transportation and three of its employees, for damages for alleged negligent maintenance of a highway. The circuit court granted summary judgment for the Highway...

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