Fairchild v. South Carolina Department of Transportation

On appeal from this tort action, Marilee and Larry Fair-child 1 argue the trial court erred in (1) refusing to instruct the jury on certain charges; (2) directing a verdict on Fairchild’s claim for punitive damages; and (3) denying their motion for a new trial. William Palmer and Palmer Construction cross-appeal and maintain the trial court erred in (1) failing to grant Palmer’s motion for an independent medical examination of Fairchild and (2) granting Fairchild’s motion for directed verdict as to the affirmative defense of comparative negligence. We affirm in part, reverse in part, and…