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HINDS v. ELMS

No. 3770.

358 S.C. 581 (2004)

595 S.E.2d 855

Robert Andrew HINDS and William Henry Hinds, Appellants, v. Peggy Long ELMS, Respondent.

Court of Appeals of South Carolina.

Decided April 5, 2004.

Rehearing Denied May 21, 2004.

Attorney(s) appearing for the Case

Chalmers Carey Johnson, of Charleston, for Appellants. Sarah E. Wetmore, of Charleston, for Respondent.

KITTREDGE, J.:

This appeal presents the question whether a plaintiff in a personal injury action is entitled as a matter of law to a favorable verdict where the court directs a verdict against the defendant on the issue of negligence and the issues of proximate cause and damages are submitted to the trier of fact.1 We hold that a plaintiff's verdict is not mandated under these circumstances.

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