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

1342

298 S.C. 420 (1989)

380 S.E.2d 867

Russell O. MARSH, Respondent v. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Appellant.

Court of Appeals of South Carolina.

Decided May 30, 1989.

Attorney(s) appearing for the Case

Robert A. Patterson and Matthew H. Henrikson, both of Barnwell, Whaley, Patterson & Helms, Charleston, for appellant.

Robert E. Watson and John S. West, Moncks Corner, for respondent.

Heard April 19, 1989.

Decided May 30, 1989.

GOOLSBY, Judge:

This case concerns the liability of South Carolina Department of Highways and Public Transportation for damages resulting from the fall of a 26-inch pine tree onto Russell O. Marsh as he drove his truck down Highway 41 in Berkeley County on July 20, 1984. The tree grew within the Department's right-of-way. The Department appeals from a $300,000 verdict returned by the jury in Marsh's favor...

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