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CALLEN v. CALE YARBOROUGH ENTERPRISES

No. 2155.

442 S.E.2d 216 (1994)

Gregory CALLEN, Appellant, v. CALE YARBOROUGH ENTERPRISES, d/b/a Hardee's, Respondent.

Court of Appeals of South Carolina.

Decided March 7, 1994.

Rehearing Denied April 21, 1994.

Attorney(s) appearing for the Case

E.J. Mercer, of Miles and Weeks, Sumter, for appellant.

Elbert S. Dorn, of Turner, Padget, Graham and Laney, Columbia, for respondent.

CONNOR, Judge:

Callen was injured in a fight with several other patrons in the drive-through service lane of a Hardee's restaurant in Sumter. He sued Hardee's alleging negligence. Finding no duty, the trial judge granted summary judgment for Hardee's. Callen appeals. We affirm.

Gregory Callen drove to Hardee's with a friend shortly after midnight. As they sat in their car at the drive-through service lane waiting to place their order, they got into an argument...

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