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JETER v. SOUTH CAROLINA DEPT. OF TRANSP.

No. 3762.

358 S.C. 528 (2004)

595 S.E.2d 827

Calvin L. JETER and Quantilla B. Jeter, Respondents, v. The SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, Appellant, v. Phyllis P. Brown, Respondent.

Court of Appeals of South Carolina.

Decided March 22, 2004.

Rehearing Denied May 20, 2004.

Attorney(s) appearing for the Case

Andrew F. Lindemann, of Columbia, and Charles V. Verner, of Newberry, for Appellant.

Albert V. Smith, of Spartanburg, and Henry Hammer, Howard Hammer and Arthur K. Aiken, all of Columbia, for Respondents.

GOOLSBY, J.:

This is an action under the South Carolina Tort Claims Act. The South Carolina Department of Transportation (SCDOT) appeals the damages awards to Calvin L. Jeter, Quantilla Jeter, and Phyllis P. Brown, arguing the trial court erred in (1) moving the action to Fairfield County, (2) directing a verdict on the issue of Brown's negligence, and (3) refusing to charge the defense of unavoidable accident. We affirm in part, reverse in part, and remand.

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