Dupont v. Jasper County Sheriff's Office

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

Derrick Dupont, Appellant,

v.

County of Jasper, Jasper County Sheriff's Office, Ernest
Walker, Defendants,

Of whom the Jasper County Sheriff's Office is the
Respondent.

Appellate Case No. 2012-213115

Appeal From Jasper County
Carmen T. Mullen, Circuit Court Judge

Unpublished Opinion No. 2014-UP-201
Heard May 6, 2014 – Filed May 21, 2014

AFFIRMED

Clifford Bush, III and Fatima A. Zeidan, both of The
Law Offices of Clifford Bush III, LLC, of Beaufort, for
Appellant.

Marshall H. Waldron, Jr. and Otto Edworth Liipfert, III,
both of Griffith Sadler & Sharp, PA, of Beaufort, for
Respondent.
PER CURIAM: In this appeal of a tort action, Derrick Dupont argues the trial
court erred in (1) charging the jury on comparative negligence; (2) admitting
evidence of his car accident; and (3) allowing testimony regarding his appearance
at a roll call in general sessions court. We affirm pursuant to Rule 220(b),
SCACR, and the following authorities: Stephens ex rel. Lillian C. v. CSX Transp.,
Inc., 400 S.C. 503, 520, 735 S.E.2d 505, 514 (Ct. App. 2012) (holding appellant
was not prejudiced by the trial court's jury charge when the jury's verdict as to the
first issue made it unnecessary for the jury to reach the issue with the disputed
charge); Whaley v. CSX Transp., Inc., 362 S.C. 456, 483, 609 S.E.2d 286, 300
(2005) (holding the admission of evidence is within the trial court's discretion and
its decision will not be reversed absent an abuse of discretion); State v. Culbreath,
377 S.C. 326, 333, 659 S.E.2d 268, 272 (Ct. App. 2008) (holding a defendant may
open the door to what would be otherwise improper evidence through his own
introduction of evidence or witness examination).

AFFIRMED.

WILLIAMS, KONDUROS, and LOCKEMY, JJ., concur.