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CITY OF YORK v. TURNER-MURPHY CO., INC.

No. 2264.

452 S.E.2d 615 (1994)

CITY OF YORK, South Carolina, Respondent, v. TURNER-MURPHY COMPANY, INC., Mayes, Sudderth and Etheredge, Inc., and the American Insurance Company, Defendants, Of Whom Mayes, Sudderth and Etheredge, Inc., is Appellant.

Court of Appeals of South Carolina.

Decided December 12, 1994.

Rehearing Denied January 26, 1995.

Attorney(s) appearing for the Case

Charles E. Carpenter, Jr., Michael A. Pulliam, and Deborah Harrison Sheffield, Richardson, Plowden, Grier & Howser, Columbia, for appellant.

William M. Brice, Jr., York, and Grady L. Patterson, III, Quinn, Arndt, Patterson & McIntosh, Columbia, for respondent.

HOWARD, Acting Judge.

This case involves the construction of a waste water treatment facility for the City of York. The jury returned a verdict for the city against Mayes, Sudderth and Etheredge, Inc. (Mayes, Sudderth), the project engineer, on a negligence claim. The company appeals the denial of its trial motions. We reverse.1

In 1976 the City of York contracted with Mayes, Sudderth for the design of a waste water treatment plant...

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