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CASON v. DUKE ENERGY CORP.

No. 25422.

348 S.C. 544 (2002)

560 S.E.2d 891

Hampton Andrew CASON, Plaintiff, v. DUKE ENERGY CORPORATION, f/k/a Duke Power Company, Defendant. Michele Davenport Eberhart and Patman S. Eberhart, Plaintiffs, v. Duke Energy Corporation, f/k/a Duke Power Company, Defendant. Erich Scott Metler and Robin H. Metler, Plaintiffs, v. Duke Energy Corporation, f/k/a Duke Power Company, Defendant.

Supreme Court of South Carolina.

Decided March 4, 2002.

Attorney(s) appearing for the Case

Donald R. Moorhead, of Donald R. Moorhead, P.A., of Greenville, for plaintiffs.

Ellis M. Johnston, II, of Haynsworth, Sinkler, Boyd, P.A., of Greenville, for defendant.

Gray T. Culbreath and P. Brooks Shealy, both of Collins & Lacy, of Columbia, for amicus curiae South Carolina Defense Trial Attorneys Association.

Thomas R. Young, Jr., of James C. Anders, P.A. & Associates, of Aiken, for amicus curiae South Carolina Trial Lawyers Association.

PER CURIAM:

The Court agreed to answer the following questions certified by the United States District Court for the District of South Carolina:

I. Does S.C.Code Ann. § 42-5-250 (1976), permit employees injured in explosions of boilers or flywheels or other single catastrophic explosions to pursue litigation outside the exclusive remedy provisions of the S.C. Workers' Compensation Act against their employers for damages to compensate them for injuries...

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