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MCKISSICK v. J. F. CLECKLEY & COMPANY11/25/1996
stein, & Thompson, 294 S.C. 140, 363 S.E.2d 115 (Ct. App. 1987). Even if the trial judge erred here, Cleckley has not shown prejudice because Mims's testimony would have been cumulative to the testimony of several other witnesses. Accordingly, the error was harmless. Gamble v. International Paper Realty Corp., Op. No. 24481 (S.C. Sup.Ct. filed Aug. 19, 1996) (Davis Adv. Sh. No. 23) (trial judge's refusal to allow deposition testimony, even if erroneous, did not prejudice appellant because the testimony would have been cumulative); State v. Mitchell, 286 S.C. 572, 336 S.E.2d 150 (1985) (errors are harmless where they could not have reasonably affected the trial).
F. Barbara Smith Citation
Cleckley alleges McKissick's intentional injection into the trial that Barbara Smith did not receive a ticket for the accident should result in reversal. Counsel for McKissick asked the responding highway patrol officer if he gave anyone involved in this accident a citation. The officer responded he did not.
Cleckley's attorneys immediately objected and the trial judge sustained the objection. Cleckley did not move for a corrective instruction or request a mistrial. Accordingly, Cleckley got what it asked for at trial and cannot now be heard to complain. Kalchthaler v. Workman, 316 S.C. 499, 450 S.E.2d 621 (Ct. App. 1994) (where counsel voiced no complaint about the sufficiency of the trial judge's instructions given in response to his objection, appellate review is not available).
Litigants are entitled to fair trials rather than perfect trials. Ketterman v. South Carolina Farm Bureau Mut. Ins. Co., 302 S.C. 276, 395 S.E.2d 187 (Ct. App. 1990). Here, after carefully reviewing the voluminous record on appeal, we are convinced Cleckley received a fair trial.
Accordingly, the decision in this case is
AFFIRMED.
CURETON and HUFF, JJ., concur.
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