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MILLER v. CITY OF CAMDEN

No. 2253.

451 S.E.2d 401 (1994)

Ethel MILLER, Plaintiff, v. CITY OF CAMDEN, and The Kendall Company, Defendants. Henry MILLER, Plaintiff, v. CITY OF CAMDEN, and The Kendall Company, Defendants. Henry MILLER, as Personal Representative of the Estate of Fletcher Levar Miller, deceased, Plaintiff, v. CITY OF CAMDEN, and The Kendall Company, Defendants. Henry MILLER, as Personal Representative of the Estate of Felicia Tyrette Miller, deceased, Plaintiff, v. CITY OF CAMDEN, and The Kendall Company, Defendants. Jerry HENRY, individually, and as Personal Representative of the Estate of Jason Lamont Henry, deceased, Plaintiff, v. CITY OF CAMDEN, and The Kendall Company, Defendants. Mattie Ellerby JACKSON, Personal Representative of the Estate of John Ellerby, deceased, Plaintiff, v. CITY OF CAMDEN, and The Kendall Company, Defendants, Of Whom Henry Miller, Ethel Miller, Jerry Henry and Mattie Ellerby Jackson are Appellants, and The Kendall Company is Respondent.

Court of Appeals of South Carolina.

Decided October 31, 1994.

Rehearing Denied December 7, 1994.

Attorney(s) appearing for the Case

Desa A. Ballard and Allard A. Allston, III, both of Ness, Motley, Loadholt, Richardson & Poole, Barnwell, and Thomas D. Broadwater, Columbia, for appellants.

Robert J. Sheheen, of Savage, Royall & Sheheen, Camden, for respondent.

HOWARD, Acting Judge.

These six negligence actions for wrongful death and personal injury arise out of a flood which occurred in Camden, South Carolina on October 10, 1990. The circuit court granted summary judgment to The Kendall Company (Kendall), finding Kendall owed no duty of care to appellants. We reverse and remand.

Kendall Lake, formerly known as Wateree Pond, is a reservoir of approximately 41 acres. The reservoir was originally built to facilitate...

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