Cohen-Toledano v. Zroya

• Court: Court of Appeals of South Carolina
• Decided: July 6, 2009
• Docket: 2009-UP-383
• Status: Unpublished

Opinion

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Ricky Rivka Cohen-Toledano, Respondent,

v.

Kobi Zroya and A.K. Jewelry d/b/a Expresso's Mini Mart, Appellants.

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Appeal From Horry County
 Doyet A. Early, III, Circuit Court Judge

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Unpublished Opinion No.  2009-UP-383
Heard May 27, 2009 – Filed July 6, 2009 

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REVERSED AND REMANDED

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Weston Adams, III, Helen F. Hiser, and Ashley B. Stratton, all of Columbia, for Appellant.

J. William Parker, III, and D. Michael Kelly, both of Myrtle Beach, for Respondent.

PER CURIAM: Kobi Zroya, owner and operator of Expresso's Mini-Mart, appeals from a directed verdict on the issue of liability in a negligence action brought by Ricky Rivka Cohen-Toledano.  We reverse and remand pursuant to Rule 220(b)(1), SCACR, and the following authorities:  Law v. S.C. Dep't of Corr., 368 S.C. 424, 434, 629 S.E.2d 642, 648 (2006) (stating that in ruling on a directed verdict motion, the trial court is required to view the evidence and the inferences which reasonably can be drawn therefrom in the light most favorable to the opposing party); McMillan v. Oconee Mem'l Hosp., Inc., 367 S.C. 559, 564, 626 S.E.2d 884, 886 (2006) (holding a motion for a directed verdict should be denied when either the evidence yields more than one inference or its inference is in doubt); Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 613, 518 S.E. 591, 598 (1999) (ruling an appellate court need not review all issues where one issue is dispositive).

REVERSED AND REMANDED.

HEARN, C.J., and THOMAS, J., and KONDUROS, J., concur.