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TRIVELAS v. DEPT. OF TRANSP.

No. 3739.

357 S.C. 545 (2004)

593 S.E.2d 504

Nicholas N. TRIVELAS and Peggy Trivelas, Respondents, v. SOUTH CAROLINA DEPT. OF TRANSPORTATION, Appellant.

Court of Appeals of South Carolina.

Decided February 2, 2004.

Rehearing Denied March 18, 2004.

Attorney(s) appearing for the Case

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

Leigh James Leventis, and Richard A. Harpootlian, both of Columbia, for Respondents.

HOWARD, J.:

Nicholas and Peggy Trivelas brought this action against the South Carolina Department of Transportation ("DOT") for damages arising from an automobile collision involving a DOT truck. The case was tried before a jury, resulting in a verdict for DOT. DOT appeals the circuit court's grant of a new trial absolute to the Trivelases, arguing the circuit court erred because: 1) as a matter of law, Trivelas was more than fifty percent negligent, and thus, the...

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