Davis v. Traylor

ORDER WITHDRAWING AND SUBSTITUTING OPINION

This Court originally heard this case and issued an opinion affirming a jury verdict for Respondent. See Davis v. Traylor, Op. No. 3139, 2000 WL 313302 (S.C.Ct.App. filed March 27, 2000) (Shearouse Adv. Sh. No. 12 at 7). After the panel submitted the opinion to the Clerk of Court for filing, the Supreme Court issued Clark v. Cantrell, 339 S.C. 369, 529 S.E.2d 528 (2000), aff'g as modified 332 S.C. 433, 504 S.E.2d 605 (Ct.App.1998). The Court withdraws the original opinion and substitutes the attached opinion.

MOREHEAD, Acting Judge:

In this negligence…