Merritt Ex Rel. Estate of Merritt v. Smith

Ness, Justice:

Appellant appeals from the trial court’s granting of summary judgment in this a wrongful death action. We conclude that the court providently granted the motion for summary judgment as there were no material issues in dispute. Garrett v. Reese, 262 S. C. 327, 204 S. E. (2d) 432 (1974); Cisson v. Pickens Savings & Loan Association, 258 S. C. 37, 186 S. E. (2d) 822 (1972).

The uncontested facts reveal that Appellant’s testate, James Lee Merritt, his supervisor, H. H. Pharr, and the respondent Albert D. Smith from the management level of the company’s Charlotte Office were in…