Fernander v. Thigpen

Wrongful death and survival actions were commenced by appellant, Doris Fernander, against the corporate defendants, A&H Foods, Inc. and Burger Chef’s Systems, Inc., and defendant Thigpen, as their agent, to recover damages sustained when her daughter was killed in an automobile accident while being transported home from her place of employment. The lower court held that these common law actions could not be maintained inasmuch as appellant’s “exclusive” remedy for damages arising out of her daughter’s employment was under the Workmen’s Compensation Act, §§ 42-1-540, 42-5-10, S. C. Code of…