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OLMSTEAD v. SHAKESPEARE

No. 3437.

348 S.C. 436 (2002)

559 S.E.2d 370

Charles OLMSTEAD, Appellant, v. SHAKESPEARE, Respondent. Joanna Olmstead, Appellant, v. Shakespeare, Respondent.

Court of Appeals of South Carolina.

Decided January 22, 2002.

Rehearing Denied February 22, 2002.

Certiorari Granted May 30, 2002.

Attorney(s) appearing for the Case

Daniel E. Henderson, of Peters, Murdaugh, Parker, Eltzroth & Detrick, of Ridgeland, for appellants.

Gray T. Culbreath and Clayton B. McCullough, of Collins & Lacy, of Columbia, for respondents.

STILWELL, J.

Charles and Joanna Olmstead appeal the order of the circuit court dismissing their tort actions against Shakespeare. The circuit court held that Olmstead was Shakespeare's statutory employee and thus barred by the exclusive remedy provision of the Workers' Compensation Act. We reverse and remand.

FACTS/PROCEDURAL HISTORY

Olmstead is the owner-operator of a truck-trailer combination used...

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