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DAVIS v. TRIPP

No. 3086.

338 S.C. 226 (1999)

525 S.E.2d 528

Larry E. DAVIS and Joanne Davis, Plaintiffs, of whom Larry E. Davis is, Respondent, and Joanne Davis is, Respondent/Appellant, v. Gerald S. TRIPP, Appellant, and Norfolk Southern Railway Co., and INA Limousine Service, Inc., Appellants. James Hugh Schumpert, Zan R. Schumpert, Plaintiffs, of whom James Hugh Schumpert is, Respondent, and Zan R. Schumpert is, Respondent/Appellant, v. Gerald S. Tripp, Appellant, and Norfolk Southern Railway Co., and INA Limousine Service, Inc., Appellants. William Grosskurth, Respondent, v. Charles Duncan, Duncan Red Bird Limo, Leroy Miller, Norfolk Southern Railway Co., Appellants.

Court of Appeals of South Carolina.

Decided December 6, 1999.

Attorney(s) appearing for the Case

David L. Moore, Jr., of Love, Thornton, Arnold & Thomason, of Greenville, for appellants INA Limousine Service, Inc., Charles Duncan, Duncan Red Bird Limo, and Leroy Miller; Daniel B. White and Keith D. Munson, both of Gibbs, Gallivan, White & Boyd, of Greenville, for appellant Norfolk Southern Railway Company; and G. Edward Welmaker, of Acker, Welmaker & Smith, of Pickens, for appellant Gerald D. Tripp.

Stephen K. Haigler, of Glenn, Haigler & Maddox, of Anderson; and Michael J. Warshauer, of Warshauer & Woodruff, of Atlanta, GA, for respondents James Hugh Schumpert, Larry E. Davis, and respondents/appellants Joanne Davis and Zan Schumpert; and Symmes W. Culbertson, of Greenville, for respondent William Grosskurth.

PER CURIAM:

This appeal involves three separate actions brought by (1) Larry E. Davis and his wife, Joanne, (2) James Hugh Schumpert and his wife, Zan, and (3) William Grosskurth, as a result of injuries sustained in an automobile accident. The three cases were consolidated at trial and for appeal. We affirm in part, reverse in part, and remand.

FACTS

On October 12, 1993, respondents Davis, Schumpert, and Grosskurth (collectively, the employees...

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