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YOUMANS v. SC DEPT. OF TRANSP.

No. 4437.

380 S.C. 263 (2008)

670 S.E.2d 1

Angela YOUMANS as Personal Representative of the Estate of Deonte ELMORE, Appellant, v. SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, Respondent.

Court of Appeals of South Carolina.

Decided September 24, 2008.

Rehearing Denied December 19, 2008.

Attorney(s) appearing for the Case

Robert N. Hill, of Newberry, and Mark B. Tinsley, of Allendale, for Appellant.

Marshall H. Waldron, Jr., of Bluffton, for Respondent.

ANDERSON, J.:

Deonte Elmore was killed after his car skidded off a wet road and flipped in the median. His mother, Angela Youmans, initiated wrongful death and survival actions against the South Carolina Department of Transportation (DOT) alleging it was negligent in failing to maintain the highway to avoid rutting and not properly maintaining the median's slope. A jury awarded Youmans nine million dollars on the wrongful death claim and two million dollars for the...

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