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MOORE v. JENKINS

23410

304 S.C. 544 (1991)

405 S.E.2d 833

William H. MOORE, as Executor of the Estate of Fannie Lou Moore, Deceased, Appellant v. Arthur S. JENKINS, M.D., Mary Loretta Sullivan Swan, M.D., and Beaufort County Memorial Hospital, Respondents.

Supreme Court of South Carolina.

Decided May 28, 1991.

Attorney(s) appearing for the Case

Samuel L. Svalina of Svalina, Richardson & Smith, Beaufort and James B. Richardson, Jr. of Svalina, Richardson & Smith, Columbia, for appellant.

Elliott T. Halio of Halio & Halio, Charleston, for respondent Arthur S. Jenkins, M.D.

M. Dawes Cooke, Jr., of Barnwell, Whaley, Patterson & Helms, Charleston, for respondent Mary Loretta Sullivan Swan, M.D.

Ladson F. Howell and Stephen P. Hughes both of Howell, Gibson & Hughes, P.A., Beaufort, for respondent Beaufort County Memorial Hosp.

Heard March 18, 1991.

Decided May 28, 1991.

TOAL, Justice:

In this medical malpractice action, the trial judge allowed each of three multiple defendants to exercise a full set of peremptory strikes. As a matter of law, we find this procedure to be violative of the jury selection statute, prejudicial, and thus reversible error. Hence, we remand for a new trial.

FACTS

Fannie Lou Moore died as the result of injuries sustained in an automobile...

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