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FAIRCHILD v. DEPT. OF TRANSP.

No. 4611.

385 S.C. 344 (2009)

683 S.E.2d 818

Marilee B. FAIRCHILD and Larry J. Fairchild, Appellants/Respondents, v. SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, William Leslie Palmer and Palmer Construction Co., Inc., Defendants, Of whom William Leslie Palmer and Palmer Construction Co., Inc., are Respondents/Appellants.

Court of Appeals of South Carolina.

Decided August 27, 2009.

Rehearing Denied October 22, 2009.

Attorney(s) appearing for the Case

Bert G. Utsey, III, of Walterboro, and George David Jebaily, of Florence, for Appellants/Respondents.

Kirby D. Shealy, III and Bradley L. Lanford, both of Columbia, for Respondents/Appellants.

LOCKEMY, J.

On appeal from this tort action, Marilee and Larry Fairchild1 argue the trial court erred in (1) refusing to instruct the jury on certain charges; (2) directing a verdict on Fairchild's claim for punitive damages; and (3) denying their motion for a new trial. William Palmer and Palmer Construction cross-appeal and maintain the trial court erred in (1) failing to grant Palmer's motion for an independent medical examination of...

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