Marley v. Kirby

Supreme Court of South Carolina

Marley v. Kirby

253 S.E.2d 370, 273 S.C. 16, 1979 S.C. LEXIS 337

CourtSupreme Court of South Carolina

DecidedMarch 27, 1979

Docket20920

StatusPublished

This text of 253 S.E.2d 370 (Marley v. Kirby) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marley v. Kirby, 253 S.E.2d 370, 273 S.C. 16, 1979 S.C. LEXIS 337 (S.C. 1979).

Pincite

Opinion

Ness, Justice:

In Marley v. Kirby, S. C., 245 S. E. (2d) 604 (1978), we held the South Carolina comparative negligence statute unconstitutional and remanded the case for retrial. On re[17]*17mand, the trial judge ruled that since only Marley had appealed the original decision, the verdict against Kirby should not be disturbed. This was error.

Our intention in Marley v. Kirby was that- the entire case should be retried without the application of the comparative negligence statute. We reverse and remand for a new trial on all issues.

Reversed and remanded.

Lewis, C. J., and Littlejohn, Rhodes and Gregory, JJ., concur.

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