Coleman Ex Rel. Estate of Coleman v. Shaw

Sanders, Chief Judge:

Appellant Laura Coleman sued respondent Jack Shaw, owner of Town “n” Country Lodge, for the wrongful death of her husband, Jacob Coleman. The trial court ordered summary judgment in favor of Shaw. We reverse and remand.

Jacob Coleman, his wife, son and niece were registered guests at the Lodge, a motel in Myrtle Beach, South Carolina. On the morning of his death, Mr. Coleman, age 29, and the two children left their second floor room to go for a swim in the motel pool. According to testimony by the niece, Mr. Coleman swam for a period of time, stood up near the pool’s…