Marley v. Kirby

Appellant Marley challenges the constitutionality of the South Carolina comparative negligence statute, Code Section 15-1-300 (1976). We conclude the statute violates the equal protection clause of the South Carolina and United States Constitutions.

Appellant brought suit against respondent Kirby for injuries sustained in an automobile collision, and respondent counterclaimed. The trial judge charged the comparative negligence statute over appellant’s objection, and the jury returned a verdict for appellant in the sum of $324.95 and for respondent in the sum of $728.67. We reverse and remand…