Legal Opinion
Lowery v. WADE HAMPTON COMPANY
Supreme Court of South Carolina
Decided February 7, 1978No. 20596PublishedCited by 4 opinions
1Opinion of the Court
Gregory, Justice.
This appeal is from the order of the lower court denying appellant’s motion for a judgment on the pleadings. At issue is whether respondent’s action against appellant for loss of consortium is barred by the Workmen’s Compensation Law, Section 42-1-540, 1976 Code of Laws of South Carolina. We hold the action is barred and reverse.
A motion for a judgment on the pleadings is in the nature of a demurrer and should be granted when it appears the moving party would be entitled to judgment on the merits without regard to what the findings might be on the facts. Brown v. United…
2Cases cited4 opinions
- Stainbrook v. JOHNSON CTY. F. BUR., ETC.Indiana Court of Appeals · 1954
- Gulf States Ceramic v. FensterSupreme Court of Georgia · 1971
- Crowder v. CarrollSupreme Court of South Carolina · 1968
- Brown v. United Insurance Co. of AmericaSupreme Court of South Carolina · 1977
3Cited by4 opinions
- Archer v. Roadrunner Trucking, Inc.New Mexico Supreme Court · 1996
- Cook v. MacK's Transfer & StorageCourt of Appeals of South Carolina · 1986
- Dickert v. Metropolitan Life InsuranceCourt of Appeals of South Carolina · 1991
- Craig v. Sauer Brands IncDistrict Court, D. South Carolina · 2025