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GREEN v. LEWIS TRUCK LINES

No. 23887.

433 S.E.2d 844 (1993)

Darrell GREEN, By and Through his Guardian ad Litem, Lethea GREEN, and Lethea Green as legal guardian for Darrell Green, Appellants, v. LEWIS TRUCK LINES, INC., Phillip Brown, and South Carolina Department of Education, Defendants, of whom South Carolina Department of Education is Respondent.

Supreme Court of South Carolina.

Decided July 6, 1993.

Rehearing Denied August 17, 1993.

Attorney(s) appearing for the Case

Ronald J. Jebaily and George D. Jebaily, both of Jebaily & Glass, P.A., Florence; and Ray P. McClain, Charleston, for appellants.

Phillip Luke Hughes, of Nelson, Riley, Mullins & Scarborough, Myrtle Beach, for respondent.

Victoria T. Vaught, of Lovelace & Battle, P.A., Conway, for defendants.

CHANDLER, Justice:

Appellant Darrell Green (Green) appeals an Order granting summary judgment to Respondent South Carolina Department of Education (Department). We reverse.

FACTS

On September 21, 1987, Green, then eight years old, was involved in a school bus accident and sustained serious head injuries. He allegedly suffers from permanent organic brain impairment.

Appellant Lethea Green, Green...

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