Gentry ex rel. Estate of Gentry v. Milliken & Co.

Goolsby, Judge:

The dispositive issue in this wrongful death action brought by Debbie B. Gentry, Administratrix of the Estate of David W. Gentry, against Milliken & Company is whether David W. Gentry, an employee of Sanders Brothers, Inc., was Milliken’s statutory employee when he was fatally injured at Milliken’s Magnolia Plant while assisting in the installation of scouring machinery. The circuit court granted Milliken’s motion to dismiss, finding Gentry was barred from bringing this action “by the exclusive remedy provisions of the South Carolina Workers’ Compensation Act” because Gentry…