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TATUM v. MEDICAL UNIVERSITY OF S.C.

No. 2986.

335 S.C. 499 (1999)

517 S.E.2d 706

Jennifer M. TATUM and Billy Joe Scarborough, Appellants, v. MEDICAL UNIVERSITY OF SOUTH CAROLINA, Respondent.

Court of Appeals of South Carolina.

Decided May 3, 1999.

Rehearing Denied June 26, 1999.

Certiorari Granted November 5, 1999.

Attorney(s) appearing for the Case

Donald E. Jonas, of Cotty & Jonas, of Columbia, for appellants.

Robert H. Hood, Barbara W. Showers, P. Gunnar Nistad and Joseph C. Wilson, IV, all of Hood Law Firm, of Charleston, for respondent.

HEARN, Justice:

In this medical malpractice action, Jennifer M. Tatum appeals a circuit court order granting the Medical University of South Carolina's (MUSC) motion to dismiss pursuant to Rule 12(b)(6), SCRCP. Tatum contends the circuit court erred in finding workers' compensation benefits were Tatum's exclusive remedy, thus barring her medical malpractice claims against MUSC. We reverse and remand.

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