Smalls v. South Carolina Department of Education

STILWELL, Judge:

Bonolla and Donald Smalls (the Smalls) brought wrongful death and survival actions against the South Carolina Depart ment of Education (Department) after their daughter, Brittany Antoinette Smalls, was struck and killed by a pickup truck as she crossed the road. The jury returned a verdict in favor of the Smalls. Department appeals, arguing the trial court erred in various evidentiary and jury charge rulings and failed to grant its motions for a directed verdict, new trial, and-judgment notwithstanding the verdict (JNOV). We affirm as modified.

BACKGROUND

Eight-year-old Brittany…