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GOURDINE v. SCDHPT

22633

290 S.C. 430 (1986)

351 S.E.2d 163

Therman GOURDINE, Sr., Appellant v. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Respondent.

Supreme Court of South Carolina.

Decided December 1, 1986.

Attorney(s) appearing for the Case

D.A. Brockinton, Jr., W.H. Brockinton, both of Brockinton, Brockinton & Smith, of Charleston, and J.D. O'Bryan, Jr., of O'Bryan & O'Bryan, Kingstree, for appellant.

W.E. Jenkinson, III, of Jenkinson & Jenkinson, Kingstree, for respondent.

Heard Nov. 10, 1986.

Decided Dec. 1, 1986.

Per Curiam:

Appellant (Gourdine) commenced this action against respondent (Highway Department) to recover for injuries allegedly sustained on March 30, 1985, from a defect in the highway. The Highway Department moved to strike from the complaint allegations of actual damages exceeding the limits set out in S.C. Code Ann. § 57-5-1810 (1976).

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