THE STATE OF SOUTH CAROLINA
In The Supreme Court

Richard N. Kennedy, Respondent,

v.

Scott Edward Griffin and Dick Simon Trucking, Inc., Petitioners.

ON WRIT OF CERTIORARI TO
THE COURT OF APPEALS

Appeal from Cherokee County
Gary E. Clary, Circuit Court Judge

Opinion No. 26072
Heard October 18, 2005 - Filed November 28, 2005

DISMISSED

William S. Brown, of Nelson Mullins Riley & Scarborough, L.L.P., of Greenville, for petitioners.

Kenneth L. Holland, of Gaffney, for respondent.

PER CURIAM: We granted a writ of certiorari to review the Court of Appeals decision in Kennedy v. Griffin, 358 S.C. 122, 595 S.E.2d 248 (Ct. App. 2004). After careful consideration, we dismiss the writ as improvidently granted.

TOAL, C.J., MOORE, WALLER, BURNETT and PLEICONES, JJ., concur.