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CLARK v. S.C. DEPT. OF PUBLIC SAFETY

No. 25926.

362 S.C. 377 (2005)

608 S.E.2d 573

Ronald E. CLARK, Sr., individually and as Personal Representative of the Estate of Amy Danielle Clark, Respondent, v. SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY and Charles Clyde Johnson, Defendants, Of whom South Carolina Department of Public Safety is Petitioner.

Supreme Court of South Carolina.

Decided January 18, 2005.

Rehearing Denied February 17, 2005.

Attorney(s) appearing for the Case

Andrew F. Lindemann and William H. Davidson, II, of Davidson, Morrison and Lindemann, P.A., of Columbia, for Petitioner.

Sammy Diamaduros, of White, Diamaduros & Diamaduros, of Union and Suzanne E. Coe, of Atlanta, for Respondent.

Chief Counsel Buford S. Mabry, Jr., Deputy Chief Counsel Paul S. League, Assistant Chief Counsel James A. Quinn, of Columbia for Amicus Curiae South Carolina Department of Natural Resources.

John A. O'Leary, of Columbia, for Amicus Curiae South Carolina Troopers' Association.

Mark A. Keel, of Columbia, for Amicus Curiae South Carolina State Law Enforcement Division.

Sandra J. Senn, of Charleston, for Amicus Curiae South Carolina Sheriffs' Association.

Vinton DeVane Lide, of Lexington, for Amicus Curiae South Carolina Law Enforcement Officers' Association.

Justice BURNETT.

We granted South Carolina Department of Public Safety's (the Department's) petition to review the Court of Appeals' decision in Clark v. South Carolina Dept. of Pub. Safety, 353 S.C. 291, 578 S.E.2d 16 (Ct.App.2002). We affirm.

FACTUAL/PROCEDURAL BACKGROUND

Respondent Ronald E. Clark, Sr. (Clark) brought this...

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