Hall v. Clarendon Outdoor Advertising, Inc., No. 1940

CourtCourt of Appeals of South Carolina
Writing for the CourtSHAW
Citation428 S.E.2d 1,311 S.C. 185
Decision Date08 December 1992
Docket NumberNo. 1940
PartiesJack E. HALL, Respondent, v. CLARENDON OUTDOOR ADVERTISING, INC., Appellant. . Heard

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428 S.E.2d 1
311 S.C. 185
Jack E. HALL, Respondent,
v.
CLARENDON OUTDOOR ADVERTISING, INC., Appellant.
No. 1940.
Court of Appeals of South Carolina.
Heard Dec. 8, 1992.
Decided Feb. 1, 1993.

[311 S.C. 186] Rebecca Laffitte and Jane Thompson Davis of Nelson, Mullins, Riley & Scarborough, Columbia, for appellant.

R. Wright Turbeville and Bobbie C. Reaves of Land, Turbeville & Parker, Manning, for respondent.

SHAW, Judge:

Respondent, Jack E. Hall, brought this action against appellant, Clarendon Outdoor Advertising, Inc., for damages to his automobile sustained from a sign being removed by appellant after Hurricane Hugo struck. Following a jury verdict for Hall, Clarendon appeals. We affirm.

The record reveals as follows. In anticipation of Hurricane Hugo, Hall and his wife left their beach front property and drove to the Comfort Inn in Manning, South Carolina to try to get away from the storm. When the hurricane hit, the Comfort Inn sign came down and was resting on top of the overhang under which the Hall's had parked their car. The Hall's testified that the wooden structure overhang had caved in but formed a supporting structure around the car and although surrounded by debris, the car was basically undamaged with the exception of some scratches. William Logan, a former employee of the Comfort Inn, testified that "the sign was ... just resting on top of the car under the debris" and that, other than a lot of scratches, there wasn't any damage to the car. Subsequently, Clarendon was hired by Comfort Inn to remove the sign. In the removal process, the [311 S.C. 187] sign fell and crushed the car.

A key issue during the trial was the amount of damage the car had sustained prior to the removal of the sign. One of the owners of Clarendon testified that he inspected the car prior to removal of the sign and found the back window and driver's side windows broken out and the top of the car pushed in. He stated the car was severely damaged before the sign removal and that they only caused minor damage when they cut the sign down. Clarendon further offered the testimony of Donald Walker, a licensed automobile appraiser, as an expert in the area of vehicle damage

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and appraisal. Walker attempted to testify as to damage to the car based on several photographs admitted into evidence. Upon Hall's objection, the trial judge ruled Walker could not testify as to the damage to the car based on the pictures. He stated as follows:

......

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7 practice notes
  • WILLIAMSBURG RURAL v. WILLIAMSBURG, No. 3707.
    • United States
    • Court of Appeals of South Carolina
    • December 8, 2003
    ...an unappealed ruling is the law of the case which the appellate court must assume was correct); Hall v. Clarendon Outdoor Adver., Inc., 311 S.C. 185, 428 S.E.2d 1 (Ct.App.1993) (emphasizing that failure to argue against basis for trial court's ruling renders it the law of the case). Concomi......
  • Fields v. REGIONAL MED. CENTER ORANGEBURG, No. 3623.
    • United States
    • Court of Appeals of South Carolina
    • April 14, 2003
    ...487 S.E.2d 596, 598 (1997); Ott v. Pittman, 320 S.C. 72, 76, 463 S.E.2d 101, 104 (Ct.App.1995); Hall v. Clarendon Outdoor Adver., Inc., 311 S.C. 185, 188, 428 S.E.2d 1, 2 (Ct.App.1993); Rule 702, SCRE ("If scientific, technical, or other specialized knowledge will assist the trier of fact t......
  • Fuller-Ahrens Partnership v. South Carolina Dept. of Highways and Public Transp., FULLER-AHRENS
    • United States
    • Court of Appeals of South Carolina
    • January 19, 1993
    ...impart it. Nettles v. Childs, 100 F.2d 952, 957 (4th Cir.1939). Where there are circumstances sufficient to put a party upon inquiry, [311 S.C. 185] he is held to have notice of everything which an inquiry, properly conducted, would disclose. City of Greenville v. Washington American League......
  • State v. Young, Appellate Case No. 2018-000525
    • United States
    • Court of Appeals of South Carolina
    • January 27, 2021
    ...skill, experience, training, or education, and (3) [ ] the expert's testimony is reliable."); Hall v. Clarendon Outdoor Advert., Inc. , 311 S.C. 185, 188, 428 S.E.2d 1, 2 (Ct. App. 1993) ("To be competent as an expert, a witness by reason of study or experience or both must possess such kno......
  • Request a trial to view additional results
7 cases
  • WILLIAMSBURG RURAL v. WILLIAMSBURG, No. 3707.
    • United States
    • Court of Appeals of South Carolina
    • December 8, 2003
    ...an unappealed ruling is the law of the case which the appellate court must assume was correct); Hall v. Clarendon Outdoor Adver., Inc., 311 S.C. 185, 428 S.E.2d 1 (Ct.App.1993) (emphasizing that failure to argue against basis for trial court's ruling renders it the law of the case). Concomi......
  • Fields v. REGIONAL MED. CENTER ORANGEBURG, No. 3623.
    • United States
    • Court of Appeals of South Carolina
    • April 14, 2003
    ...487 S.E.2d 596, 598 (1997); Ott v. Pittman, 320 S.C. 72, 76, 463 S.E.2d 101, 104 (Ct.App.1995); Hall v. Clarendon Outdoor Adver., Inc., 311 S.C. 185, 188, 428 S.E.2d 1, 2 (Ct.App.1993); Rule 702, SCRE ("If scientific, technical, or other specialized knowledge will assist the trier of fact t......
  • Fuller-Ahrens Partnership v. South Carolina Dept. of Highways and Public Transp., FULLER-AHRENS
    • United States
    • Court of Appeals of South Carolina
    • January 19, 1993
    ...impart it. Nettles v. Childs, 100 F.2d 952, 957 (4th Cir.1939). Where there are circumstances sufficient to put a party upon inquiry, [311 S.C. 185] he is held to have notice of everything which an inquiry, properly conducted, would disclose. City of Greenville v. Washington American League......
  • Godfrey v. Heller, No. 1999
    • United States
    • Court of Appeals of South Carolina
    • March 16, 1993
    ...(the failure to appeal a ruling renders the ruling the law of the case); Hall v. Clarendon Outdoor Advertising, Inc., --- S.C. ----, 428 S.E.2d 1 (Ct.App.1993) (the failure [311 S.C. 521] to argue against the basis for a trial court's ruling renders it the law of the case). Thus, even if we......
  • Request a trial to view additional results

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