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PENTON v. J.F. CLECKLEY & CO.

No. 24638.

326 S.C. 275 (1997)

486 S.E.2d 742

Tracy Lynn PENTON, Respondent, v. J.F. CLECKLEY & COMPANY and South Carolina Department of Transportation, Defendants, of whom J.F. Cleckley & Company is Respondent, and South Carolina Department of Transportation is Appellant.

Supreme Court of South Carolina.

Decided June 23, 1997.

Attorney(s) appearing for the Case

Marvin C. Jones, Christy S. Stephens, and Elbert O. Duffie, III, of Bogoslow & Jones, Walterboro, for appellant.

J. Kevin Holmes and Malcolm M. Crosland, of Steinberg Law Firm, Charleston, for respondent Tracy Lynn Penton.

Thomas H. Hesse and Sean K. Trundy, of Wise, Pratt-Thomas, Pearce, Epting & Walker, P.A., Charleston, for respondent J.F. Cleckley & Company.

WALLER, Justice:

Respondent Tracy Lynn Penton sued Respondent J.F. Cleckley & Co. ("Cleckley") and Appellant South Carolina Department of Transportation ("Department") for injuries she received when her car ran off Highway 17-A in Colleton County and overturned. Department is appealing the jury's verdict finding it solely liable in the amount of $200,000 and the trial judge's finding it was not protected by an indemnity...

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