THE STATE OF SOUTH CAROLINA
In The Supreme Court

Angela Youmans as Personal Representative of the Estate of Deonte Elmore, Respondent,

v.

South Carolina Department of Transportation,

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

Appeal From Allendale County
John C. Few, Circuit Court Judge

Opinion No. 26781
Heard February 4, 2010 - Filed March 1, 2010

DISMISSED AS IMPROVIDENTLY GRANTED

Marshall H. Waldron, Jr., of Griffith, Sadler & Sharp, of Beaufort, for Petitioner.

Mark B. Tinsley, of Gooding & Gooding, of Allendale, and Robert Norris Hill, of Newberry, for Respondent.

PER CURIAM: This Court granted a petition for a writ of certiorari to review the decision of the court of appeals in Youmans v. South Carolina Department of Transportation, 380 S.C. 263, 670 S.E.2d 1 (Ct. App. 2008).We dismiss the writ as improvidently granted.

DISMISSED AS IMPROVIDENTLY GRANTED.

TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur.