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WOOTEN BY WOOTEN v. S.C. DEPT. OF TRANSP.

No. 24877.

333 S.C. 464 (1999)

511 S.E.2d 355

Rebekah WOOTEN, a minor by her Guardian ad Litem, Margaret WOOTEN, Respondent, v. SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION f/k/a South Carolina Department of Highways and Public Transportation, Petitioner. Margaret Wooten, Respondent, v. South Carolina Department of Transportation f/k/a South Carolina Department of Highways and Public Transportation, Petitioner.

Supreme Court of South Carolina.

Decided January 18, 1999.

Attorney(s) appearing for the Case

Charles E. Carpenter, Jr., of Richardson, Plowden, Carpenter & Robinson, P.A., of Columbia; and Merl F. Code, of Code Law Firm, of Greenville, for petitioner.

W. Harold Christian, Jr., of Christian & Davis, of Greenville, for respondents.

MOORE, Justice:

We granted a writ of certiorari to review the Court of Appeals' decision1 regarding petitioner's (DOT's) claim of immunity under the Tort Claims Act. We affirm as modified herein.

FACTS

Twelve-year-old Rebekah Wooten was injured when she attempted to cross Wade Hampton Boulevard at Memorial Drive on her way home from school. Rebekah had crossed three lanes of traffic and reached the median in the...

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