- March 10, 2014
- by Milton Stratos
- Comments Off on Plaintiff Survives Motion to Dismiss in S.C. Wrongful Death / Premises Liability Claim Again Duke Energy
- posted in Personal Injury, Torts, Wrongful Death | Survival Actions
Small Plaintiff Victory in South Carolina Wrongful Death – Premises Liability Suit
In February of 2014, the Plaintiff in Asher v. Duke Energy Carolinas, LLC came away with a victory after fighting off the Defendant’s motion to dismiss. The District Court declined to make a factual finding regarding the status of the decedent, whether or not decedent was a trespasser, invitee or licensee when fatally injured at Duke Energy’s power substation. While this decision does not effect the ultimate outcome of the case, it does provide the Plaintiff with leverage to continue to the build the claim.
Please feel free to check back with us to learn of the outcome of this case.