Collins v. Doe

Justice PLEICONES:

The Court granted certiorari to consider the Court of Appeals’ decision in Collins v. Doe, 343 S.C. 119, 539 S.E.2d 62 (Ct.App.2000). The Court of Appeals held that for purposes of S.C.Code Ann. § 38-77-170(2) (Supp.2001), a witness’s sworn trial testimony is the functional equivalent of a sworn affidavit. We reverse.

FACTS/PROCEDURAL BACKGROUND

Respondent sued an unidentified driver, Petitioner John Doe (“Doe”), after she was involved in an automobile collision with another vehicle. Respondent was traveling on Highway 301 in Clarendon County. At the point where 301 intersects…