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FLEMINGN v. ROSE

No. 3101.

338 S.C. 524 (2000)

526 S.E.2d 732

Lt. J.A. FLEMING, Jr., Appellant, v. Boykin ROSE and James Caulder, Respondents.

Court of Appeals of South Carolina.

Decided January 17, 2000.

Rehearing Denied March 25, 2000.

Attorney(s) appearing for the Case

John A. O'Leary, of O'Leary Associates, of Columbia, for appellant.

James A. Stuckey and Alexia Pittas-Giroux, both of Stuckey Law Offices, of Charleston, for respondents.

ANDERSON, Judge:

In this tort action, Lt. J.A. Fleming, Jr., formerly of the South Carolina Highway Patrol, appeals from the trial court's order granting summary judgment to Boykin Rose of the South Carolina Department of Public Safety and James Caulder of the South Carolina Highway Patrol. We affirm in part, reverse in part, and remand.

FACTS/PROCEDURAL BACKGROUND

In the early morning hours of December 19, 1991, four Highway Patrol Troopers...

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