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Home / Courts / S.C. Court of Appeals / Tort/Negligence – Traffic Accident – Intervening & Superseding Negligence – Empty Chair Defense (access required)

Tort/Negligence – Traffic Accident – Intervening & Superseding Negligence – Empty Chair Defense (access required)

Even though plaintiff and defendant had both settled with the truck driver who crashed into defendant’s overturned vehicle (while plaintiff was trying to help defendant), defendant could nevertheless offer evidence of the truck driver’s negligence. We affirm the trial court’s denial of plaintiff’s motions for directed verdict and judgment notwithstanding the verdict. Facts On a rainy night, while ...

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