Court of Appeals of South Carolina February 3, 2004, No. 3743 (Kennedy v. Griffin)

lead-opinion

CONNOR, J.:

Richard Kennedy appeals the trial judge’s denial of his motion for a new trial based upon: (1) the admission of a blood test showing marijuana was in his system at the time of his automobile accident; and (2) the trial judge’s jury instruction regarding the per se negligence statute. We reverse and remand.

FACTS

On May 29, 1998, Kennedy was driving his pickup truck on U.S.