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16 JADE STREET v. R. DESIGN CONST. CO.

No. 27305.

405 S.C. 384 (2013)

747 S.E.2d 770

16 JADE STREET, LLC, Respondent/Appellant, v. R. DESIGN CONSTRUCTION CO., LLC.; Carl R. Aten, Jr., Individually and in his capacity as principal and agent of R. Design Construction Co., LLC; Catterson & Sons Construction; 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., L.L.C., Third-Party Plaintiffs, v. Kintz Electric, Third-Party Defendant.

Supreme Court of South Carolina.

Decided August 28, 2013.

Attorney(s) appearing for the Case

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

Jeffery A. Ross , of Clawson & Staubes, LLC, of Charleston, for Respondent.

E. Mitchell Griffith , Michael D. Freeman , and Matthew D. Cavender , of Griffith, Sadler, & Sharps, P.A., of Beaufort, for Respondent-Appellant.

Justice HEARN.

Carl Aten, Jr. appeals the circuit court's order finding him personally liable for torts he committed as a member of a limited liability company (LLC). Although this case poses the novel question of whether the Uniform Limited Liability Company Act (LLC Act) shields an LLC member from personal liability from his own torts, we save that discussion for another day and find Aten has committed no actionable tort. We therefore reverse the portion of the...

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