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SPELL v. S.C.D.H.P.T.

22709

292 S.C. 228 (1987)

355 S.E.2d 860

Walter Francis SPELL and L.B. Smith, Inc., Appellants v. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Respondent.

Supreme Court of South Carolina.

Decided April 27, 1987.

Attorney(s) appearing for the Case

David E. Taylor, Columbia, for appellants.

William H. Davidson, II, of Nauful & Ellis, Columbia, for respondent.

Heard March 23, 1987.

Decided April 27, 1987.

LITTLEJOHN, Acting Associate Justice:

Appellants filed a complaint against the South Carolina Department of Highways and Public Transportation (Highway Department), alleging property and personal injury damages caused by a defect in a state highway. The circuit court, ruling the appellants had failed to bring suit within the time period required by S.C. Code Ann. § 57-5-1820 (1976), dismissed the action...

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