Summary
The Supreme Court of South Carolina reviewed whether South Carolina Electric & Gas owed a customer a duty of care to ensure that an HVAC system installed by a certified Quality Dealer was properly installed. The court held that the Quality Dealer Agreement and related financing arrangement did not create such a duty and reinstated the directed verdict for SCE&G on the negligence claim.
Holdings
- SCE&G did not owe Andrade a duty to ensure that Sea Island Air properly installed or performed satisfactory work on her HVAC systems.
- The directed verdict for SCE&G was proper because the evidence did not establish that SCE&G owed Andrade the asserted duty of care.
Questions Presented
- Whether SCE&G owed Andrade a duty of care to ensure that its certified Quality Dealer properly installed her HVAC systems.
- Whether the evidence created a jury issue on Andrade's negligence claim such that the directed verdict for SCE&G was improper.
Disposition
reversed
Cases Cited (4)
- Andrade v. Johnson, 345 S.C. 216, 546 S.E.2d 665 (Ct. App. 2001)(followed procedurally)
- Wintersteen v. Food Lion, Inc., 344 S.C. 32, 542 S.E.2d 728 (2001)(followed)
- Steinke v. South Carolina Department of Labor, Licensing and Regulation, 336 S.C. 373, 520 S.E.2d 142 (1999)(followed)
- Barker v. Sauls, 289 S.C. 121, 345 S.E.2d 244 (1986)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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