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FICKLING v. CITY OF CHARLESTON

No. 4217.

372 S.C. 597 (2007)

643 S.E.2d 110

Patricia FICKLING, Appellant, v. CITY OF CHARLESTON, Respondent.

Court of Appeals of South Carolina.

Decided March 12, 2007.

Rehearing Denied April 19, 2007.

Attorney(s) appearing for the Case

E.T. Moore, Jr. and Angela W. Abstance, both of Barnwell, for Appellant.

James A. Stuckey, Jr., of Charleston, for Respondent.

GOOLSBY, J.:

Patricia Fickling brought this negligence action against the City of Charleston after she stepped into a hole in a sidewalk and fell, sustaining injuries. The sidewalk was located within the municipal limits, but on a right-of-way owned by the State of South Carolina. The trial court, sitting without a jury, granted the City's motion for a "directed verdict,"1 finding as a matter of law the City had no duty to

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