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HOEFFNER v. THE CITADEL

No. 23840.

429 S.E.2d 190 (1993)

Ann M. HOEFFNER and Thomas A. Hoeffner, Personal Representatives of the Estate of Gerald P. Hoeffner, Deceased, Appellants, v. THE CITADEL and Joseph C. Franz, M.D., Respondents.

Supreme Court of South Carolina.

Decided April 12, 1993.

Rehearing Denied May 17, 1993.

Attorney(s) appearing for the Case

Ellis I. Kahn and Justin S. Kahn both of Solomon, Kahn, Budman & Stricker, Charleston, for appellants.

Thomas Dewey Wise of Wise & Cole and M. Dawes Cooke, Jr. of Barnwell, Whaley, Patterson & Helms, Charleston, for respondents.

HARWELL, Chief Justice:

Ann M. Hoeffner and Thomas F. Hoeffner (Hoeffners) brought a wrongful death action against The Citadel and Joseph C. Franz, M.D. (Franz), after their son committed suicide. After the jury returned a verdict for respondents, the Hoeffners appealed, alleging, among other things, that the trial judge erred by instructing the jury that an act of suicide could constitute assumption of the risk. We agree that the trial judge's charge on assumption...

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