FOGGIE v. CSX TRANSP., INC.

No. 23880.

431 S.E.2d 587 (1993)

Robert FOGGIE, Respondent-Appellant, v. CSX TRANSPORTATION, INC., Appellant-Respondent.

Supreme Court of South Carolina.

Decided June 21, 1993.

Rehearing Denied July 13, 1993.


Attorney(s) appearing for the Case

William P. Simpson and James E. Lady of Haynsworth, Marion, McKay & Guerard, Columbia; and Thomas F. Babb, of Babb & Babb, Laurens, for appellant-respondent.

Jack H. Tedards of Leatherwood, Walker, Todd & Mann; and Henry S. Sullivan of Ashmore, Rabon & Sullivan, Greenville, for respondent-appellant.


FINNEY, Justice:

Appellant-Respondent CSX Transportation, Inc., (CSX) appeals the trial court's denial of its motion to amend its answer; the jury's award of actual and punitive damages to Respondent-Appellant Robert Foggie (Foggie); and confirmation of the punitive damage award by the trial court. Foggie appeals from the order of the trial court requiring him to elect recovery under either his cause of action based upon obstruction of way or for violation of the...

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