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MAYES v. PAXTON

No. 23934.

437 S.E.2d 66 (1993)

Carrie MAYES, as Guardian and Conservator of Willie Mayes, Jr., NCM, Respondent, v. Jeffrey David PAXTON, Appellant.

Supreme Court of South Carolina.

Decided September 20, 1993.

Attorney(s) appearing for the Case

George K. Lyall and Denise C. Yarborough, both of Nelson, Mullins, Riley and Scarborough, and Wallace A. Mullinax, Jr., of Horton, Drawdy, Ward and Johnson, P.A., Greenville, for appellant.

Cecil H. Nelson, Jr. and William A. Jordan, both of Wilkins and Nelson, Greenville, for respondent.

HARWELL, Chief Justice:

Appellant Jeffrey David Paxton (Paxton) alleges that the trial judge erred in striking two defenses from his answer and in granting partial summary judgment to respondent Carrie Mayes. We disagree and affirm.

I. FACTS

On September 1, 1990, Paxton made an illegal left turn and collided with an oncoming motorcycle operated by Willie Mayes, Jr. (Mayes). Mayes, who was not wearing a...

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