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COLE v. SOUTH CAROLINA ELEC. & GAS, INC.

No. 25932.

362 S.C. 445 (2005)

608 S.E.2d 859

Gloria COLE and George DeWalt, Jr., in their capacities as Personal Representatives of the Estate of George Ernest Cole, deceased, Petitioners/Respondents, v. SOUTH CAROLINA ELECTRIC & GAS, INC., Respondent/Petitioner.

Supreme Court of South Carolina.

Decided January 31, 2005.

Rehearing Denied March 2, 2005.

Attorney(s) appearing for the Case

F. Xavier Starkes and William T. Toal, of Johnson, Toal & Battiste, P.A., of Columbia, for petitioners/respondents.

Robert A. McKenzie and Gary H. Johnson, II, of McDonald, McKenzie, Rubin, Miller & Lybrand, L.L.P., of Columbia, for respondent/petitioner.

Acting Chief Justice MOORE:

We granted a writ of certiorari to review the Court of Appeals' decision involving application of the Recreational Use Statute, S.C.Code Ann. § 27-3-10 et seq. (1991), and assumption of the risk.1 We affirm as modified.

FACTS

Petitioners/respondents (hereinafter collectively referred to as "Cole") brought this wrongful death action for the death of their son George Cole. George drowned...

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