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SPAHN v. TOWN OF PORT ROYAL

No. 2669.

326 S.C. 632 (1997)

486 S.E.2d 507

John David SPAHN, Appellant, v. TOWN OF PORT ROYAL, Respondent.

Court of Appeals of South Carolina.

Decided June 2, 1997.

Certiorari Granted July 10, 1997.

Attorney(s) appearing for the Case

Daniel R. Denton, Beaufort, for appellant.

Charles E. Carpenter, Jr., Nina Reid Mack, both of Richardson, Plowden, Grier & Howser, Columbia; and Robert W. Achurch, III, of Howell, Gibson & Hughes, Beaufort, for respondent.

HEARN, Judge.

John David Spahn brought this negligence action against the Town of Port Royal. The jury returned a verdict in favor of Port Royal. Spahn appeals, arguing the court erred in refusing to strike the defense of assumption of risk and charging the jury that this defense would bar the plaintiff from recovery, refusing to strike the defense of sudden emergency, and refusing to instruct the jury on the law of last clear chance. We affirm.1...

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