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NIVER v. S.C. DEPT. OF HWYS. & PUB. TRANSP.

1518

302 S.C. 461 (1990)

395 S.E.2d 728

Timothy P. NIVER, Appellant v. S.C. DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, and Joseph Henry Gary, Defendants, of whom S.C. Department of Highways and Public Transportation is Respondent.

Court of Appeals of South Carolina.

Decided July 2, 1990.

Attorney(s) appearing for the Case

Ken Suggs of Suggs & Kelly, Columbia, for appellant.

Mary Gordon Baker of Nexsen, Pruet, Jacobs & Pollard, Columbia, for respondent.

Heard May 8, 1990.

Decided July 2, 1990.

GOOLSBY, Judge:

Timothy P. Niver brought this personal injury action against the South Carolina Department of Highways and Public Transportation and Joseph Henry Gary. The circuit court granted the Department's motion for summary judgment. Niver appeals. The question on appeal concern discretionary immunity under the South Carolina Tort Claims Act and contributory negligence...

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