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BYERLY v. CONNOR

23597

307 S.C. 441 (1992)

415 S.E.2d 796

Marvin BYERLY, Administrator of the Estate of Karl A. Byerly, deceased, Appellant v. Ronald E. CONNOR, Carolina Heating and Electric, and The South Carolina Public Service Authority, by and through their wholly owned State Utility, Santee Cooper, Defendants of whom, The South Carolina Public Service Authority, by and through their wholly owned State Utility, Santee Cooper, is Respondent.

Supreme Court of South Carolina.

Decided March 16, 1992.

Attorney(s) appearing for the Case

John E. Miles, Sumter, for appellant.

George C. James, of Richardson, James & Player, Sumter, for respondent.

Heard Feb. 4, 1992.

Decided Mar. 16, 1992.

HARWELL, Chief Justice:

This is a wrongful death action. The dispositive issue is whether respondent South Carolina Public Service Authority, by and through its wholly owned state utility, Santee Cooper (Santee Cooper), owed a duty to warn of a latent hazardous condition which it did not create and about which it had no knowledge. The trial judge held that it did...

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