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FAIRCHILD v. DEPT. OF TRANSP.

No. 27112.

398 S.C. 90 (2012)

727 S.E.2d 407

Marilee B. FAIRCHILD and Larry J. Fairchild, Plaintiffs, Of whom Marilee B. Fairchild is Respondent, 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 Petitioners.

Supreme Court of South Carolina.

Decided April 11, 2012.

Rehearing Denied May 25, 2012.

Attorney(s) appearing for the Case

Kirby D. Shealy, III and Bradley L. Lanford , both of Baker, Ravenel & Bender, of Columbia, for Petitioners.

Bert G. Utsey, III , of Peters, Murdaugh, Parker, Eltzroth & Detrick, of Walterboro; and George D. Jebaily and Suzanne H. Jebaily , both of Jebaily Law Firm, of Florence, for Respondent.

Justice BEATTY:

This Court granted a petition for a writ of certiorari to review the decision in Fairchild v. South Carolina Department of Transportation, 385 S.C. 344, 683 S.E.2d 818 (Ct.App. 2009). The Court of Appeals affirmed in part, reversed in part, and remanded for a new trial a negligence action arising from a motor vehicle accident. In relevant part, the Court of Appeals determined...

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