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COOKE v. PALMETTO HEALTH ALLIANCE

No. 4054.

367 S.C. 167 (2005)

624 S.E.2d 439

John E. COOKE and Barbara Cooke, Respondents, v. PALMETTO HEALTH ALLIANCE d/b/a Palmetto Richland Memorial Hospital, and Latisha C. Corley, Appellants.

Court of Appeals of South Carolina.

Decided December 12, 2005.

Rehearing Denied January 19, 2006.

Attorney(s) appearing for the Case

Charles E. Carpenter, Jr., George C. Beighley, S. Elizabeth Brosnan and Drew Hamilton Butler, all of Columbia, for Appellants.

John S. Nichols and Robert B. Ransom, both of Columbia, for Respondents.

HEARN, C.J.:

This is an appeal from the order of the circuit court, finding John E. Cooke was not a statutory employee of Palmetto Health Alliance (the Hospital) when he was injured. Because of this ruling, the circuit court found Cooke's negligence action and his wife's loss of consortium action were not barred by the exclusive remedy provision of the Workers' Compensation Act. We affirm.

FACTS

Cooke was employed as a pilot for Petroleum Helicopter...

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