Legal Opinion

Dukes v. Rural Metro Corp.

Supreme Court of South Carolina

Decided October 13, 2003No. 25730PublishedCited by 5 opinions

1Opinion of the CourtChief Justice Toal

This Court granted Rural Metro Corporation’s (“Rural Metro”) petition for certiorari to review whether its employee can recover Workers’ Compensation benefits for an accidental gunshot wound that occurred while the employee was on a smoke break.

Factual/Procedural Background

While working as a paramedic for Rural Metro, Richard Dukes (“Dukes”) and his co-worker took a smoke break. Dukes did not need to “clock-out” for such breaks and received compensation for the breaks. While on break, Dukes’ co-worker went to her car and returned with the pistol she had recently acquired to bring back and…

2Cases cited7 opinions

  1. Lark v. Bi-Lo, Inc.Supreme Court of South Carolina · 1981
  2. Mack v. Post ExchangeSupreme Court of South Carolina · 1945
  3. Howell v. Pacific Columbia MillsSupreme Court of South Carolina · 1987
  4. Osteen v. Greenville County School DistrictSupreme Court of South Carolina · 1998
  5. McCoy v. Easley Cotton MillsSupreme Court of South Carolina · 1950

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Liberty Mutual Insurance v. South Carolina Second Injury FundCourt of Appeals of South Carolina · 2005
  2. Grant v. Grant TextilesCourt of Appeals of South Carolina · 2004
  3. West v. Alliance CapitalCourt of Appeals of South Carolina · 2006
  4. Galaida v. Autozone, Inc.District Court of Appeal of Florida · 2004
  5. Grant v. Grant TextilesCourt of Appeals of South Carolina · 2004

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