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Dillon v. Frazier

Supreme Court of South Carolina
678 S.E.2d 251 (2009)


Facts

Noel Dillon (plaintiff) was injured in a car accident caused by Neil Frazier (defendant). Dillon suffered ten broken ribs, a broken sternum, a broken clavicle, a broken thumb, and a punctured lung. As a result of the injuries, Dillon could not return to work for approximately ten weeks, and upon his return he could not work as many hours as he did prior to the accident. Dillon brought suit against Frazier. Frazier admitted fault for the accident. Dillon sought over $500,000 in damages, of which approximately $30,000 were not disputed, including medical bills, physical therapy bills, and lost wages. The jury awarded Dillon $6,000. Dillon filed a motion for a new trial nisi additur, or in the alternative, a new trial on damages. The trial court increased the damages award to $21,000. Dillon appealed.

Rule of Law

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Issue

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Holding and Reasoning (Pleicones, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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