Davis v. Doe

Harwell, Justice:

The issue in this appeal is whether contact with an unattached portion of an unknown vehicle meets the physical contact requirement of S. C. Code Ann. § 56-9-850 (1976). The lower court held that it did not and therefore granted the respondent’s motion for summary judgment. We affirm.

Appellant passenger was riding in a car with her sister-in-law when a wheel bearing broke through the front windshield and hit her in the chest. The accident occurred just as her vehicle was passing an oncoming log truck. After an unsuccessful attempt to identify the truck or its driver,…