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COTHRAN v. BROWN

No. 3495.

350 S.C. 352 (2002)

566 S.E.2d 548

Ferrell COTHRAN, Personal Representative of the Estate of Douglas H. McFaddin, Respondent, v. Alvin BROWN, Appellant.

Court of Appeals of South Carolina.

Decided May 13, 2002.

Rehearing Denied July 29, 2002.

Attorney(s) appearing for the Case

William B. Woods, Donna Seegars Givens and Darra James Vallini, all of Woods & Givens, of Lexington; and Samuel R. Clawson and Timothy A. Domin, both of Clawson & Staubes, of Charleston, for appellant.

Gedney W. Howe, III, of Charleston; John C. Land, of Land, Parker & Reeves, of Manning; and Daniel H. Shine, of Dillon, for respondent.

HEARN, Chief Judge:

Ferrell Cothran brought this action asserting wrongful death and survival claims against Alvin Brown as personal representative of the estate of Douglas H. McFaddin. The trial court granted Cothran partial summary judgment on the issue of liability. A panel of this court reversed. We granted Cothran's Petition for Rehearing En Banc to consider whether Brown should be judicially estopped from asserting...

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