Rutland v. South Carolina Department of Transportation

Tiffanie Rutland (Tiffanie) was killed when the car in which she was riding rolled over and fell on top of her after she was partially ejected. This case presents the novel issue of whether “pre-impact fear” should be recognized as a cognizable element of damages in a survival action. We granted a writ of certiorari to review the decision of the court of appeals that pre-impact fear is not compensable in this State. Rutland v. S.C. Dep't of Transp., 390 S.C. 78, 85, 700 S.E.2d 451, 455 *212(Ct.App.2010). Finding no evidence of conscious pain and suffering under the facts of this case, we reserve…