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FERNANDERS v. MARKS CONST. OF S.C., INC.

No. 2824.

330 S.C. 470 (1998)

499 S.E.2d 509

Angileek FERNANDERS, as Personal Representative of the Estate of Micha Fernanders, Respondent, v. MARKS CONSTRUCTION OF SOUTH CAROLINA, INC.; Rochester Midlands Corp., International Pavilion, L.P.; FKL Go-Karts, Inc.; and FKL Kartworld, of whom International Pavilion, L.P., is Appellant.

Court of Appeals of South Carolina.

Decided April 13, 1998.

Rehearing Denied May 21, 1998.

Attorney(s) appearing for the Case

James C. Cothran, Jr., of Holcombe, Bomar, Gunn & Bradford, Spartanburg, for appellant.

Kenneth C. Anthony, Jr., of Knie, White & Anthony, Spartanburg, for respondent.

HEARN, Judge:

This is a tort action. International Pavilion, L.P., appeals the jury's findings of comparative fault and award of damages. It argues the trial judge erred in refusing to charge the jury on the effect of joint and several liability and that joint and several liability is obsolete under comparative negligence. We disagree and affirm.

FACTS

Micha Fernanders, age six, drowned when she fell...

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