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SHIELDS v. MARTIN MARIETTA CORP.

23335

303 S.C. 469 (1991)

402 S.E.2d 482

Deborah SHIELDS and Michael Shields, Administrators of the Estate of Eric Shields, Deceased, Respondents v. MARTIN MARIETTA CORPORATION and the City of Cayce, South Carolina, Appellants.

Supreme Court of South Carolina.

Decided February 4, 1991.

Attorney(s) appearing for the Case

James M. Brailsford, III, of Robinson, McFadden & Moore, Columbia, for appellant Martin Marietta Corp.

Frederick A. Gertz, of Gertz & Moore, Columbia, for appellant City of Cayce.

Timothy G. Quinn, of Ellison, Quinn & Alley, Columbia, and Jean Perrin Derrick, Lexington, for respondents.

Submitted Dec. 14, 1990.

Decided Feb. 4, 1991.

Per Curiam:

Martin Marietta Corporation (Martin Marietta) and the City of Cayce (City) appeal an Order restoring Respondents' (The Shields) wrongful death and survival actions to the active docket.

We dismiss the appeal without prejudice.

FACTS

In 1983, the Shields' 27 month old son, Eric, drowned in flood waters which had accumulated...

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