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RUTLAND v. S.C. DEPT. OF TRANSP.

No. 27185.

400 S.C. 209 (2012)

734 S.E.2d 142

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

Supreme Court of South Carolina.

Decided November 7, 2012.

Attorney(s) appearing for the Case

J. Christopher Wilson , of Wilson, Luginbill & Kirkland, of Bamberg; Lee D. Cope , R. Alexander Murdaugh and Matthew V. Creech , all of Peters, Murdaugh, Parker, Eltzroth & Detrick, of Hampton, for Petitioner.

Richard B. Ness and Norma Jett , both of Ness & Jett, of Bamberg, for Respondent.

Justice HEARN.

Tiffanie Rutland (Tiffanie) was killed when the car in which she was riding rolled over and fell on top of her after she was partially ejected. This case presents the novel issue of whether "pre-impact fear" should be recognized as a cognizable element of damages in a survival action. We granted a writ of certiorari to review the decision of the court of appeals that pre-impact fear is not compensable in this State. Rutland v. S.C. Dep't of Transp...

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