Fernanders v. Marks Construction of South Carolina, Inc.

HEARN, Judge:

This is a tort action. International Pavilion, L.P., appeals the jury’s findings of comparative fault and award of damages. It argues the trial judge erred in refusing to charge the jury on the effect of joint and several liability and that joint and several liability is obsolete under comparative negligence. We disagree and affirm.

FACTS

Micha Fernanders, age six, drowned when she fell from a bumper boat into a pond at International Pavilion, an amusement park located in Spartanburg County. Although the pond was only three to four feet deep, Micha’s clothing became caught in the…