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CARSON v. CSX TRANSP., INC.

No. 27186.

400 S.C. 221 (2012)

734 S.E.2d 148

Connie CARSON, as Personal Representative of the Estate of Beryl Harvey, Appellant, v. CSX TRANSPORTATION, INC., 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; John E. Parker , R. Alexander Murdaugh , William F. Barnes III , and Matthew V. Creech , all of Peters, Murdaugh, Parker, Eltzroth & Detrick, of Hampton, for Appellant.

Elizabeth A. McLeod and Mark C. Wilby , both of Fulcher Hagler , of Augusta, Georgia; John C. Millberg , of Millberg Gordon & Stewart, of Raleigh, North Carolina, and Jonathan P. Harmon , of McGuire Woods, of Richmond, Virginia, for Respondent.

Chief Justice TOAL.

In this wrongful death and survival action involving a train collision, Connie Carson (Appellant), as personal representative of the estate of Beryl Harvey, argues the circuit court erroneously excluded certain evidence, charged the jury, and permitted an inconsistent verdict in the survival action. We affirm the circuit court's evidentiary determinations and jury charge, but reverse the circuit court's decision denying Appellant's request for...

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