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16 JADE STREET, LLC v. R. DESIGN CONST.

No. 27107.

398 S.C. 338 (2012)

728 S.E.2d 448

16 JADE STREET, LLC, Respondent/Appellant, v. R. DESIGN CONSTRUCTION CO., LLC, and Carl R. Aten, Jr., Individually and in his capacity as principal and agent of R. Design Construction Co., LLC, Catterson & Sons Construction and Michael S. Catterson, Individually and in his capacity as principal and agent of Catterson & Sons Construction, Defendants, Of whom, Carl R. Aten, Jr., is Appellant, and Michael S. Catterson, Individually and in his capacity as principal and agent of Catterson & Sons Construction, is Respondent, R. Design Construction Co., LLC, Third Party Plaintiffs, v. Kintz Electric, Third Party Defendant.

Supreme Court of South Carolina.

Decided April 4, 2012.

Attorney(s) appearing for the Case

Mary Bass Lohr , Thomas A. Bendle , and William T. Young, III , all of Howell Gibson & Hughes, of Beaufort, for Appellant.

Jeffrey A. Ross , of Clawson & Staubes, of Charleston, for Respondent.

E. Mitchell Griffith and Michael D. Freeman , both of Griffith, Sadler & Sharp, of Beaufort, for Respondent-Appellant.

Justice HEARN.

This case presents the novel question of whether a member of a limited liability company can be held personally liable for torts committed while acting in furtherance of the company's business. We hold the General Assembly did not intend the LLC act to shield a member from liability for his own torts.

FACTUAL/PROCEDURAL BACKGROUND

Carl R. Aten, Jr., and his wife are the only members of R. Design Construction Co., LLC. R. Design's primary...

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