Busillo v. City of North Charleston

I respectfully dissent. I believe the city’s argument regarding the admission of testimony of Frank Troy, an undisclosed witness, was properly preserved for appeal. Further, I would find that the trial court erred in failing to inquire into the necessary factors before admitting the undisclosed witness’s testimony. See Callen v. Callen, 365 S.C. 618, 627, 620 S.E.2d 59, 63-64 (2005) (finding the trial court is under a duty, when the situation arises, to delay the trial for the purpose of ascertaining information relating to the factors used to determine whether an undisclosed witness should…