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CHERRY v. MYERS TIMBER CO., INC.

No. 5153.

404 S.C. 596 (2013)

745 S.E.2d 405

Jane CHERRY, Personal Representative of the Estate of Nicholas Wayne Cherry, Appellant, v. MYERS TIMBER COMPANY, INC., Respondent. Taylor C., a minor under the age of 14 years, by and through mother and natural guardian, Jane Cherry, Appellant, v. Myers Timber Company, Inc., Respondent. Carlton Quinton as Personal Representative of the Estate of Hannah Nicole Quinton, Deceased, Appellant, v. Myers Timber Company, Inc., Respondent. Alice Quinton and Carlton Quinton, Appellants, v. Myers Timber Company, Inc., Respondent. Carlton Quinton as Guardian for Timothy Q., a Minor under the Age of Eighteen, Appellant, v. Myers Timber Company, Inc., Respondent.

Court of Appeals of South Carolina.

Decided July 3, 2013.

Attorney(s) appearing for the Case

Larry Dale Dove and David Lamar Little , both of Dove & Barton, LLC, of Rock Hill, for Appellant Jane Cherry.

David Bradley Jordan , of Jordan & Dunn, LLC, of Rock Hill, for Appellants Carlton Quinton and Alice Quinton.

Forrest C. Wilkerson, IV , of Rock Hill, for Respondent.

KONDUROS, J.

In this appeal arising out of wrongful death, survival, and negligence actions, Appellants1 challenge the circuit court's grant of Myers Timber Company's summary judgment motion. They argue they presented sufficient evidence to raise a jury question as to whether Levister Logging was an employee of Myers and not an independent contractor. We affirm.

FACTS

Myers entered into timber harvesting contracts with...

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