Smith v. South Carolina Department of Highways & Public Transportation

Sanders, Chief Judge:

Appellants Robert W. Smith and Robert Burnside brought this action for alleged damages to their property by respondent South Carolina Department of Highways and Public Transportation. The Circuit Court granted summary judgment for the Department based on releases previously signed by Mr. Smith and Mr. Burnside. We reverse and remand.

Mr. Smith and Mr. Burnside allege that the Department damaged their property while constructing “1-385 by-pass, commonly known as Golden Strip Freeway.” The releases which they signed “release the Epting-Ballenger Corpora*13tion and all other…