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BARNWELL v. BARBER-COLMAN CO.

23086

301 S.C. 534 (1989)

393 S.E.2d 162

Clarence BARNWELL, Plaintiff v. BARBER-COLMAN COMPANY, Defendant.

Supreme Court of South Carolina.

Decided October 9, 1989.

Attorney(s) appearing for the Case

Stephen G. Morrison, L. Sidney Connor, IV, and I.S. Leevy Johnson, Columbia, for plaintiff.

Joseph H. McGee and David B. McCormack, Charleston, for defendant.

Timothy W. Bouch, of Young, Clement, Rivers & Tisdale, of Charleston, and Moffat G. McDonald, Haynesworth, Marion, McKay & Guerard, Greenville, for amicus curiae S.C. Defense Trial Lawyers Ass'n.

Richard A. Harpootlian, Columbia, for amicus curiae S.C. Trial Lawyers Ass'n.

Costa M. Pleicones, of Lewis, Babcock, Pleicones & Hawkins, of Columbia, for amicus curiae Alliance of American Insurers.

Heard Dec. 7, 1987.

Decided Oct. 9, 1989.

Per Curiam:

This Court has accepted on certification from the United States District Court for the District of South Carolina the following question of law:

Under South Carolina law, are punitive damages recoverable in a cause of action based solely on the theory of strict liability?

We hold that punitive damages are not recoverable in a cause...

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