Rogers v. Norfolk Southern Corp.

Justice PLEICONES:

We granted certiorari to review the Court of Appeals’ decision in Rogers v. Norfolk Southern Corp., 343 S.C. 52, 538 S.E.2d 664 (Ct.App.2000). We affirm as modified.

FACTS1

Norfolk Southern Corporation (“Norfolk Southern”), under contract with U.S. Silica (“Silica”), transports Silica’s product over spur tracks owned by Silica. Silica runs slurry2 through pipes running beneath the spur lines to a storage facility.

A slurry pipe ruptured two days before John David Rogers’ (“Rogers”) injury. Silica employees temporarily repaired the pipes, intending to replace them at a later…