ROGERS v. DEPT. OF PAROLE & COMM. CORR.

No. 24350.

464 S.E.2d 330 (1995)

Bobby L. ROGERS, Executor of the Estate of Doris Rogers, Respondent, v. SOUTH CAROLINA DEPARTMENT OF PAROLE AND COMMUNITY CORECTIONS, South Carolina State Board of Parole and Community Corrections, South Carolina Department of Corrections, and South Carolina State Board of Corrections, Appellants.

Supreme Court of South Carolina.

Decided November 27, 1995.

Rehearing Denied January 12, 1996.


Attorney(s) appearing for the Case

William H. Davidson, II, David L. Morrison, and Andrew F. Lindemann, all of Ellis, Lawhorne, Davidson, and Sims, P.A., Columbia, for appellants.

J. Michael Baxley, Martin S. Driggers, and W. Carole Holloway, all of Driggers & Baxley, Hartsville, for respondent.


MOORE, Justice:

This is a wrongful death action in which respondent obtained a jury verdict in the amount of $600,000. We reverse.

FACTS

In 1985, Doris Rogers (Doris) was robbed, kidnapped, and murdered. Her assailants were Daniel Jones and Robert Vandroff (Vandroff). Seventeen days prior to Doris's murder, appellants released Vandroff pursuant to a supervised furlough program provided for in S.C.Code Ann. §§ 24-13-710 and -720....

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