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DAVENPORT v. COTTON HOPE

No. 2621.

325 S.C. 507 (1997)

482 S.E.2d 569

Alvin DAVENPORT, Appellant-Respondent, v. COTTON HOPE PLANTATION HORIZONTAL PROPERTY REGIME, Respondent-Appellant, v. CARSON LANDSCAPING COMPANY, INC., Third-Party Defendant-Respondent.

Court of Appeals of South Carolina.

Decided January 20, 1997.

Rehearing Denied March 19, 1997.

Attorney(s) appearing for the Case

G. Richardson Wieters, of G. Richardson Wieters, P.C., Hilton Head Island, for appellant-respondent.

Russell S. Stemke, of Wise & Cole, Charleston, for respondent-appellant.

A. Parker Barnes, Jr., of A. Parker Barnes & Associates, Beaufort, for third-party defendant-respondent.

Amicus curiae Stephen P. Groves, of Young, Clement, Rivers & Tisdale, Charleston, on behalf of South Carolina Defense Trial Attorneys' Association.

HEARN, Judge:

This case was heard en banc to determine whether assumption of risk survives as a complete defense in negligence actions following South Carolina's adoption of comparative negligence. We hold it does not.

Appellant, Alvin Davenport, brought this negligence action against Cotton Hope Plantation Horizontal Property Regime, who in turn brought a third-party claim against Carson Landscaping, Inc. for indemnity. At the close of the evidence, the trial...

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