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TOBIAS v. SPORTS CLUB, INC.

No. 2555.

474 S.E.2d 450 (1996)

Robert L. TOBIAS and Mary Ellen Tobias, Appellants, v. The SPORTS CLUB, INC.; Hotel Associates, a Limited S.C. Partnership; The Ramada Hotel; Mallards; Interstate Management and Investment Corp.; E.L. Pooser; and Robert A. Dean, of whom Hotel Associates, a Limited S.C. Partnership; The Ramada Hotel; Mallards; Interstate Management and Investment Corp.; E.L. Pooser; and Robert A. Dean are Respondents.

Court of Appeals of South Carolina.

Decided August 19, 1996.

Rehearing Denied October 16, 1996.

Attorney(s) appearing for the Case

Deborah R.J. Shupe, James A. Merritt, Jr., and William K. Witherspoon, all of Berry, Adams, Quackenbush & Dunbar, Columbia, for appellants. James W. Alford, R. Lewis Johnson and Andrew Haselden, all of Barnes, Alford, Stork & Johnson, Columbia, for respondents.

HEARN, Judge:

Robert and Mary Ellen Tobias appeal the trial court's denial of their motion for a new trial. They argue the court erred in submitting the defenses of contributory negligence and assumption of the risk to the jury in their negligence actions based upon alleged violations of S.C.Code Ann. §§ 61-5-30 and 61-9-410 (1990). We affirm.

This case marks the first time a South Carolina appellate court has been called upon to decide whether the...

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