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HARDEE v. BIO-MEDICAL APPLICATIONS

No. 26217.

370 S.C. 511 (2006)

636 S.E.2d 629

Allene HARDEE and Kathleen Hardee, Appellants, v. BIO-MEDICAL APPLICATIONS OF SOUTH CAROLINA, INC., d/b/a Conway Dialysis Center, Respondent.

Supreme Court of South Carolina.

Decided October 23, 2006.

Rehearing Denied November 14, 2006.

Attorney(s) appearing for the Case

John Dwight Hudson, of Hudson Law Offices, of Myrtle Beach, for Appellants.

John B. McCutcheon Jr., Lisa A. Thomas, Mary Ruth Baxter, and Arrigo P. Carotti, all of McCutcheon, McCutcheon & Baxter, of Conway, for Respondents.

Gray T. Culbreath and Christian Stegmaier, both of Collins & Lacy, of Columbia; and Wendy Raina Johnson Keefer, of Bancroft Associates, of Washington, DC, for Amicus Curiae South Carolina Defense Trial Attorneys' Association.

Chief Justice TOAL:

This appeal arises out of the trial court's decision to grant summary judgment in favor of Conway Dialysis Center (Respondent). The trial court held that Respondent was not liable for injuries Respondent's patient, Danny Tompkins (Patient), caused to be inflicted on Allene and Kathleen Hardee (Appellants) because South Carolina law does not recognize a duty running from a medical provider to a third party...

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