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PROCTOR v. DEPT. OF HEALTH

No. 4098.

368 S.C. 279 (2006)

628 S.E.2d 496

Doug PROCTOR d/b/a Anderson Tire Recycling, Respondent, v. DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, Appellant.

Court of Appeals of South Carolina.

Decided March 20, 2006.

Attorney(s) appearing for the Case

James W. Logan, Jr. and Stacey T. Coffee, of Anderson, for Appellant.

Jeffrey Falkner Wilkes, of Greenville, for Respondent.

ANDERSON, J.:

A jury rendered a $688,503 verdict for Doug Proctor d/b/a Anderson Tire Recycling (Proctor) against the Department of Health and Environmental Control (DHEC). The circuit judge reduced the award to $300,000 pursuant to S.C.Code Ann. § 15-78-120(a)(1). DHEC contends Proctor failed to prove gross negligence; the trial court incorrectly charged the jury; and the damages awarded were so unduly liberal or grossly excessive as to require a new trial....

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