Layne v. International Brotherhood of Electrical Workers

Rhodes, Justice:

Prior to his death, the respondent’s decedent (the plaintiff) brought the present action seeking actual and punitive damages from the defendant unions for what is alleged to be a “malicious, willful and wanton violation” of the South Carolina Right to Work Act, S. C. Code § 41-7-10 et seq. (1976). From an order of the lower court overruling its demurrer to the complaint, the defendant appeals contending that: (1) the complaint fails to state a cause of action; (2) even if a cause of action is stated, the action does not survive the death of the plaintiff; and (3), the courts…