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COLE VISION CORP. v. HOBBS

No. 4578.

384 S.C. 283 (2009)

680 S.E.2d 923

COLE VISION CORPORATION and Sears Roebuck & Company, Inc., Plaintiffs, Of Whom Cole Vision Corporation is the, Respondent, v. Steven C. HOBBS, O.O. and NCMIC Insurance Company, Defendants, Of Whom Steven C. Hobbs is the, Appellant.

Court of Appeals of South Carolina.

Decided July 1, 2009.

Rehearing Denied August 25, 2009.

Attorney(s) appearing for the Case

Hardwick Stuart, Jr., of Columbia, for Appellant.

E. Raymond Moore, III, and Adam J. Neil, both of Columbia, for Respondent.

LOCKEMY, J.

Dr. Steven C. Hobbs argues the trial court erred in granting Cole Vision Corporation's (Cole) Rule 12(b)(6), SCRCP, motion to dismiss. Specifically, Hobbs maintains he pled facts sufficient to constitute a negligence cause of action, while the trial court found spoliation of evidence an evidentiary matter which cannot serve as the basis for an independent cause of action under South Carolina law. We reverse.

FACTS

Hobbs is a licensed...

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