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LANIER CONST. v. BAILEY & YOBS

No. 4580.

384 S.C. 275 (2009)

681 S.E.2d 909

LANIER CONSTRUCTION COMPANY, INC., Plaintiff, v. BAILEY & YOBS, INC., Mike Cupp and Tami Cupp, Defendants, of whom Lanier Construction Company, Inc. and Bailey & Yobs, Inc. are the Appellants, and Mike Cupp and Tami Cupp are the Respondents.

Court of Appeals of South Carolina.

Decided July 1, 2009.

Rehearing Denied August 25, 2009.

Attorney(s) appearing for the Case

Robert J. Thomas, of Columbia, for Appellants.

Damon C. Wlodarczyk, of Columbia, for Respondents.

SHORT, J.

Lanier Construction Company, Inc. (Lanier), a subcontractor, sued its general contractor Bailey & Yobs, Inc. (B & Y) and the homeowners, Mike and Tami Cupp (the Cupps), after its cement truck fell into the Cupps' septic tank while making a cement delivery ordered by B & Y. Lanier and B & Y appeal the circuit court's grant of the Cupps' summary judgment motion. The Appellants argue summary judgment was improper because: (1) the court improperly...

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