Clyde v. Sumerel

Taylor, Justice.

This appeal comes from the Court of Common Pleas for Greenville County wherein respondent instituted action against M. T. Sumerel and J. I. Sumerel, Jr., d/b/a Town & Country Drug Store, and Fiske-Carter Construction Company, seeking damages for the death of her 8 year old son, Tommy Randall Clyde, who was found dead beneath a display counter at the rear of the Town & Country Drug Store.

The case was brought upon the theory that the display counter placed upon an incline in such a way as to be un stable constituted an attractive nuisance. Answers were filed by both defendants…