Paul Roy Osmundson appeals the dismissal of his action under the Freedom of Information Act against School District 5 of Lexington and Richland Counties, arguing the circuit court erred in (1) granting a motion to dismiss for failure to request a hearing within ten days of service of the action, and (2) denying a motion to reconsider. We reverse and remand.

In this wrongful death and survival action, Sandpiper Independent & Assisted Living-Delaware, LLC (Sandpiper) challenges the circuit court's order following a bench trial finding Sandpiper liable for the death and conscious pain and suffering of Delila Parrott and awarding $1,000,000 to Parrott's estate (Respondent). Sandpiper argues that the circuit erred in finding that (1) Sandpiper owed Parrott a duty, (2) Sandpiper's breach of that duty proximately caused the death of Parrott, and (3) Sandpiper failed to establish comparative negligence as a defense. Sandpiper also contests the circuit court's calculation of damages, arguing the award was wholly undue and speculative or excessive. We reverse.