Cohen-Toledano v. Zroya

THIS OPINION
HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN
ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Ricky Rivka
Cohen-Toledano, Respondent,

v.

Kobi Zroya and
A.K. Jewelry d/b/a Expresso's Mini Mart, Appellants.

Appeal From Horry County

 Doyet A. Early, III, Circuit Court Judge

Unpublished Opinion No.  2009-UP-383

Heard May 27, 2009 – Filed July 6, 2009 

REVERSED AND REMANDED

Weston Adams, III, Helen F. Hiser, and Ashley B. Stratton, all of
Columbia, for Appellant.

J. William Parker, III, and D. Michael Kelly, both of Myrtle
Beach, for Respondent.

PER CURIAM: Kobi Zroya, owner and operator of Expresso's Mini-Mart,
appeals from a directed verdict on the issue of liability in a negligence
action brought by Ricky Rivka Cohen-Toledano.  We reverse and remand pursuant to Rule 220(b)(1), SCACR, and the following
authorities:  Law v. S.C. Dep't of Corr., 368 S.C. 424, 434, 629 S.E.2d
642, 648 (2006) (stating that in ruling on a directed verdict motion, the
trial court is required to view the evidence and the inferences which
reasonably can be drawn therefrom in the light most favorable to the opposing
party); McMillan v. Oconee Mem'l Hosp., Inc., 367 S.C. 559, 564, 626
S.E.2d 884, 886 (2006) (holding a motion for a directed verdict should be
denied when either the evidence yields more than one inference or its inference
is in doubt); Futch v. McAllister
Towing of Georgetown, Inc., 335 S.C.
598, 613, 518 S.E. 591, 598 (1999) (ruling an appellate court need not review
all issues where one issue is dispositive).

REVERSED
AND REMANDED.

HEARN,
C.J., and THOMAS, J., and KONDUROS, J., concur.