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MENDENALL v. ANDERSON HARDWOOD FLOORS

Appellate Case No. 2012-210806. No. 27219.

401 S.C. 558 (2013)

738 S.E.2d 251

Suzanne Roerig MENDENALL, Personal Representative of the Estate of Everette Eugene Mendanall, Plaintiff, v. ANDERSON HARDWOOD FLOORS, LLC, Shaw Industries, Inc., and Shaw Industries Group, Inc., Defendants.

Supreme Court of South Carolina.

Decided February 13, 2013.

Attorney(s) appearing for the Case

Randolph Murdaugh, IV , and Ronnie L. Crosby , both of Hampton, Paul N. Siegel of Walterboro, and John P. Freeman of Columbia, for Plaintiff.

Stephen L. Brown and Russell G. Hines , both of Charleston, for Defendants.

Justice KITTREDGE:

We certified the following question from the United States District Court for the District of South Carolina:

Does the "dual persona" doctrine allow an injured employee to bring an action in tort against his employer as a successor in interest who, through a corporate merger, received all liabilities of a predecessor corporation that never employed the injured person but allegedly performed the negligent acts that later caused the employee...

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