Legal Opinion · Dissent

Major v. City of Hartsville

Court of Appeals of South Carolina

Decided June 6, 2012No. 4979Published

1DissentHuff, J.

Respectfully, I dissent. Alberta Major brought this tort action against the City of Hartsville (City), alleging she was injured when she fell in a “hole” on City’s premises. The trial court granted City summary judgment, finding City was not on notice of any defect, rut, or depression at the location of the incident. In my opinion, the majority, as well as the trial court, has effectively applied an actual notice standard to this matter, where the issue is one of constructive notice. Viewing the evidence in a light most favorable to Major, I believe she has presented sufficient evidence City…

2Cases cited8 opinions

  1. Madison Ex Rel. Bryant v. Babcock CenterSupreme Court of South Carolina · 2006
  2. Hancock v. Mid-South Management Co., Inc.Supreme Court of South Carolina · 2009
  3. Strother v. Lexington County Recreation CommissionSupreme Court of South Carolina · 1998
  4. Brockbank v. Best Capital Corp.Supreme Court of South Carolina · 2000
  5. Wintersteen v. Food Lion, Inc.Supreme Court of South Carolina · 2001

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API