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STOKES v. SPARTANBURG REG. MED. CENTER

No. 4078.

368 S.C. 515 (2006)

629 S.E.2d 675

Terry STOKES, as Personal Representative of the Estate of Jennings E. Stokes, Appellant, v. SPARTANBURG REGIONAL MEDICAL CENTER; and Robert A. Cochran, Jr., M.D., and David C. Hull, M.D., each individually and as Agents/Employees of Hull, Green, Woods, Cochran and Woollen; and Hull, Green, Woods, Cochran and Woollen; and John Graham, CRNA, Defendants, of whom SPARTANBURG REGIONAL MEDICAL CENTER is Respondent.

Court of Appeals of South Carolina.

Decided January 23, 2006.

Rehearing Denied May 18, 2006.

Attorney(s) appearing for the Case

Kristi F. Curtis, David W. Goldman, Diane M. Rodriguez, all of Sumter, for Appellant.

Perry Boulier and Ginger D. Goforth, both of Spartanburg, for Respondent.

HEARN, C.J.:

In this medical malpractice action, Terry Lee Stokes, the personal representative of Jennings E. Stokes's estate, appeals from a jury verdict in favor of Spartanburg Regional Medical Center (the Hospital). Appellant argues the trial judge erred in failing to instruct the jury that it could draw a negative inference from the Hospital's failure to preserve critical pieces of medical evidence. We reverse and remand...

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