McCLURG v. DEATON

No. 27038.

395 S.C. 85 (2011)

716 S.E.2d 887

Ann F. McCLURG and Ann F. McClurg, as Personal Representative of the Estate of Stephen Andrew McClurg, Respondent, v. Harrell Wayne DEATON and New Prime, Inc., Petitioners.

Supreme Court of South Carolina.

Decided September 6, 2011.

Rehearing Denied November 17, 2011.


Attorney(s) appearing for the Case

C. Mitchell Brown , William C. Wood, Jr. , A. Mattison Bogan , and Michael J. Anzelmo , all of Nelson Mullins Riley & Scarborough, of Columbia, and C. Stuart Mauney , Phillip E. Reeves , and Jennifer D. Eubanks , all of Gallivan, White & Boyd, of Greenville, and Samuel W. Outten and Sandi R. Wilson , both of Womble Carlyle Sandridge & Ride, of Greenville, for Petitioners.

Cynthia Barrier Patterson , of Columbia, and Donald R. Moorhead , of Greenville, for Respondent.

Duke R. Highfield , Brandt R. Horton , and Benjamin A. Traywick , all of Young Clement Rivers, of Charleston, for Amicus Curiae American Law Firm Association. Frank L. Eppes , of Eppes & Plumblee, of Greenville, for Amicus Curiae South Carolina Association for Justice. Robert D. Moseley, Jr. , Kurt M. Rozelsky , and Matthew M. Staab , all of Smith Moore Leatherood, of Greenville, for Amicus Curiae SC Trucking Association and American Trucking et al. William B. Darwin, Jr. and Nathaniel P. Mark , both of Holcombe Bomar, of Spartanburg, for Amicus Curiae SC Defense Trial Attorney's Association.


Justice PLEICONES.

We granted certiorari to review a decision of the Court of Appeals which upheld the circuit court's denial of both petitioners' Rule 60(b), SCRCP, motions. McClurg v. Deaton, 380 S.C. 563, 671 S.E.2d 87 (Ct.App.2008). We affirm.

The Court of Appeals rested its affirmance on issue preservation grounds, that is, the failure...

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