Folkens Ex Rel. Estate of McLendon v. Hunt

Toal, Justice:

The dispositive issue in this case is whether the trial judge abused his discretion by invoking the thirteenth juror doctrine and granting the defendants’ motion for a new trial absolute. We conclude that there was no abuse and, therefore, affirm.

PROCEDURAL BACKGROUND

M. Murray McLendon, Jr. originally brought this action against the partners of J. W. Hunt & Co. (Hunt), an accounting firm, alleging causes of action for accounting malpractice, fraud, intentional infliction of emotional distress and a violation of the S. C. Unfair Trade Practices Act. The circuit court granted…