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STEPHENS v. DRAFFIN6/9/1997
68, 194 S.E.2d 240 (1973). While it was within our judicial discretion to retroactively abolish the common law rule of contributory negligence, we explicitly chose not to do so. Nelson v. Concrete Supply, Co., supra; Russo v. Sutton 310 S.C. 200, 422 S.E.2d 750 (1992) (court has discretion to retroactively divest persons of common law rights).
These decisions control this appeal. Unquestionably, Stephens' right to sue arose long before July 1, 1991. Just as clearly, respondent's right to assert Stephens' own negligence as a defense also arose before that date. Accordingly, the only applicable rule of law which should have been charged was contributory negligence, which constitutes an absolute bar to Stephens' and Wife's right to recover. Nelson v. Concrete Supply Co., supra; Langley v. Boyter, supra. Although the judge erred in charging comparative negligence, this error
AFFIRMED.
TOAL, MOORE, WALLER and BURNETT, JJ., concur.
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