Legal Opinion

Fickling v. City of Charleston

Court of Appeals of South Carolina

Decided March 12, 2007No. 4217PublishedCited by 5 opinions

1Opinion of the Court

GOOLSBY, J.:

Patricia Fickling brought this negligence action against the City of Charleston after she stepped into a hole in a sidewalk and fell, sustaining injuries. The sidewalk was located within the municipal limits, but on a right-of-way owned by the State of South Carolina. The trial court, sitting without a jury, granted the City’s motion for a “directed verdict,” 1 finding as a matter of law the City had no duty to inspect and repair the sidewalk under South Carolina statutory law, general common law, or the theory of a voluntary undertaking. The trial court further found the City had…

2Cases cited15 opinions

  1. Steinke v. South Carolina Department of Labor, Licensing & RegulationSupreme Court of South Carolina · 1999
  2. Todd v. . City of TroyNew York Court of Appeals · 1875
  3. Jinks Ex Rel. Estate of Jinks v. Richland CountySupreme Court of South Carolina · 2003
  4. Wintersteen v. Food Lion, Inc.Supreme Court of South Carolina · 2001
  5. Keen v. Mayor of Havre De GraceCourt of Appeals of Maryland · 1901

10 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Major v. City of HartsvilleSupreme Court of South Carolina · 2014
  2. Major v. City of HartsvilleCourt of Appeals of South Carolina · 2012
  3. Padgett v. Colleton CountyCourt of Appeals of South Carolina · 2009
  4. Major v. City of HartsvilleCourt of Appeals of South Carolina · 2012
  5. Montgomery Holdings, LLC v. Christopher J. MerloCourt of Appeals of South Carolina · 2026

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