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KENNEDY v. GRIFFIN

No. 3743.

358 S.C. 122 (2004)

595 S.E.2d 248

Richard N. KENNEDY, Appellant, v. Scott Edward GRIFFIN and Dick Simon Trucking, Inc., Respondents.

Court of Appeals of South Carolina.

Filed February 3, 2004.

Rehearing Denied March 18, 2004.

Attorney(s) appearing for the Case

Kenneth L. Holland, of Gaffney, for Appellant

William S. Brown, of Greenville, for Respondent(s).

L. Sidney Connor, IV, of Surfside Beach, for Appellant.

Jerry Jay Bender and Robert L. Widener, both of Columbia; L. Morgan Martin, Linda Weeks Gangi and Michael W. Battle, all of Conway; Scott B. Umstead, Thomas C. Brittain and William Edward Lawson, all of Myrtle Beach; and William C. Barnes, of Florence, for Respondents.

CONNOR, J.:

Richard Kennedy appeals the trial judge's denial of his motion for a new trial based upon: (1) the admission of a blood test showing marijuana was in his system at the time of his automobile accident; and (2) the trial judge's jury instruction regarding the per se negligence statute. We reverse and remand.

FACTS

On May 29, 1998, Kennedy was driving his pickup truck on U.S. Route 29 in Cherokee County, approaching the intersection...

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