Legal Opinion

Barnwell v. Barber-Colman Co.

Supreme Court of South Carolina

Decided October 9, 1989No. 23086PublishedCited by 13 opinions

1Per curiam

This Court has accepted on certification from the United States District Court for the District of South Carolina the following question of law:

*536Under South Carolina law, are punitive damages recoverable in a cause of action based solely on the theory of strict liability?

We hold that punitive damages are not recoverable in a cause of action based solely upon the theory of strict liability.

FACTS

Clarence Barnwell sued Barber-Colman Company for injuries sustained when his hand was badly mangled in a piece of textile machinery manufactured by Barber-Colman. Although his complaint stated various…

2Cases cited7 opinions

  1. Laird v. Nationwide InsuranceSupreme Court of South Carolina · 1964
  2. Creech v. South Carolina Public Service AuthoritySupreme Court of South Carolina · 1942
  3. Bowers v. Charleston & W. C. Ry. Co.Supreme Court of South Carolina · 1947
  4. Garrick v. Florida Central & Peninsular R. R.Supreme Court of South Carolina · 1898
  5. Schall v. Sturm, Ruger Co., Inc.Supreme Court of South Carolina · 1983

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Clark v. CantrellSupreme Court of South Carolina · 2000
  2. Austin v. Specialty Transportation Services, Inc.Court of Appeals of South Carolina · 2004
  3. Mellen v. LaneCourt of Appeals of South Carolina · 2008
  4. Crystal Wickersham v. Ford Motor CompanyCourt of Appeals for the Fourth Circuit · 2021
  5. Little v. Brown & Williamson Tobacco Corp.District Court, D. South Carolina · 2001

8 more not listed; retrieve them via the Exa API.

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