Ardis v. Sessions

Justice PLEICONES:

I respectfully dissent. While I agree with the majority that the “good faith” jury instruction was erroneous, I also find that the charge was prejudicial and would affirm the Court of Appeals.

If the jury believed Ardis’s assertion that Sessions performed a manipulation under the circumstances she described, the jury must still have found that her version of the facts demonstrated negligence on the part of Sessions, in order for Ardis to prevail. See Hurd v. Williamsburg Co., 353 S.C. 596, 615, 579 S.E.2d 136, 146 (Ct.App.2003), aff'd, 363 S.C. 421, 611 S.E.2d 488 (The burden…