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MILLER v. CITY OF CAMDEN

No. 24732.

329 S.C. 310 (1997)

494 S.E.2d 813

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

Supreme Court of South Carolina.

Decided December 23, 1997.

Attorney(s) appearing for the Case

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

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

MOORE, Justice:

Respondents commenced these wrongful death and personal injury actions against petitioner Kendall Company (Kendall) and City of Camden (City) to recover for damages allegedly sustained when the Kendall Lake dam broke. The trial judge granted Kendall summary judgment on the ground Kendall owed respondents no duty of care. The Court of Appeals reversed, finding Kendall owed a duty of care as a matter of law by virtue of its control of the dam and its...

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