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TRIVELAS v. SOUTH CAROLINA DEPT. OF TRANSP.

No. 3421.

348 S.C. 125 (2001)

558 S.E.2d 271

Nicholas N. TRIVELAS and Peggy Trivelas, Respondents, v. SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION and E.H. Sistrunk Trucking, Inc., Defendants, of Whom, South Carolina Department of Transportation, is, Appellant.

Court of Appeals of South Carolina.

Decided December 17, 2001.

Attorney(s) appearing for the Case

Andrew F. Lindemann, William H. Davidson, II, and James M. Davis, Jr., all of Davidson, Morrison & Lindemann, of Columbia, for appellant.

Richard A. Harpootlian and Robert G. Rikard, both of Richard A. Harpootlian, P.A.; and Leigh J. Leventis, all of Columbia, for respondents.

ANDERSON, Judge.

Nicholas Trivelas was injured in a motor vehicle accident involving a vehicle owned and operated by the South Carolina Department of Transportation ("DOT"). Trivelas and his wife, Peggy, filed this action against DOT, alleging damages resulting from the accident. The trial court granted partial summary judgment in favor of the plaintiffs. DOT appeals, asserting the trial court erred in finding DOT was negligent per se. We reverse and remand.

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