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PEAY v. U.S. SILICA CO.

No. 23933.

437 S.E.2d 64 (1993)

Van PEAY and Harriet Peay, Plaintiffs, v. U.S. SILICA COMPANY, Defendant.

Supreme Court of South Carolina.

Decided September 20, 1993.

Attorney(s) appearing for the Case

A. Camden Lewis and William R. Calhoun, Jr., both of Lewis, Babcock, and Hawkins, Columbia, for plaintiffs.

R. Bruce Shaw and W. Thomas Causby, both of Nelson, Mullins, Riley and Scarborough, Columbia, for defendant.

HARWELL, Chief Justice:

Pursuant to Rule 228, SCACR, the following question has been certified to this Court by the United States District Court for the District of South Carolina:

When a statutory employee has drawn benefits under the Workers' Compensation System, can an "owner" as defined by S.C.Code Ann. section 42-1-400, who has intentionally exposed that statutory employee to a hazardous substance that was substantially certain to cause the employee...

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