RUTLAND v. DEPT. OF TRANSPORTATION

No. 4721.

390 S.C. 78 (2010)

700 S.E.2d 451

Clarence RUTLAND, as Personal Representative for the Estate of Tiffanie Rutland, Appellant, v. SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, Respondent.

Court of Appeals of South Carolina.

Decided August 4, 2010.

Rehearing Denied October 29, 2010.


Attorney(s) appearing for the Case

J. Christopher Wilson , of Bamberg; Lee D. Cope , R. Alexander Murdaugh , Matthew V. Creech , of Hampton, for Appellant.

Richard B. Ness and Norma A.T. Jett , of Bamberg, for Respondent.


WILLIAMS, J.

Clarence Rutland (Rutland), as personal representative of the Estate of Tiffanie Rutland, appeals the trial court's decision granting the South Carolina Department of Transportation's (SCDOT) post-trial motion for set-off, which subsequently reduced the verdict against SCDOT to zero. We affirm.

FACTS

On June 7, 2003, Tiffanie Rutland (the decedent) was a passenger in a 1999 Chevrolet S-10 Blazer (the Blazer) on Highway 301 in Orangeburg...

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