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VAUGHT v. A.O. HARDEE & SONS, INC.

No. 26073.

366 S.C. 475 (2005)

623 S.E.2d 373

James B. VAUGHT, Individually, and as Attorney in Fact and/or Trustee for J.M. Vaught, Jr., the Heirs of Thomas B. Vaught, the Heirs of Jean V. Powell, Carol V. Lewis, Harry R. Vaught, Vina V. Floyd, and W.M. Vaught, Jr., Appellants, v. A.O. HARDEE & SONS, INC., Respondent.

Supreme Court of South Carolina.

Decided November 28, 2005.

Rehearing Denied January 6, 2006.

Attorney(s) appearing for the Case

Robert N. Hill, of Newberry; and Richard M. Lovelace, Jr., of Conway, both for Appellants.

Stephen E. Darling and Elizabeth F. Bailey, both of Haynesworth Sinkler Boyd, P.A., of Charleston, for Respondent.

Justice BURNETT:

James B. Vaught, individually and as trustee for several relatives (Appellants), raises the issue of whether the trial court erred in excluding evidence of replacement costs as part of the measure of damages for destroyed noncommercial trees. We certified this case for review from the Court of Appeals pursuant to Rule 204(b), SCACR, and conclude the trial court erred in excluding evidence of the measure of damages. We reverse and remand for a new...

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