Supreme Court of South Carolina

Martha M. Fountain v. Fred's, Inc.

March 2, 2022

Summary

The South Carolina Supreme Court reversed the Court of Appeals, holding that Fred's, Inc. and Wildevco, LLC were not without fault in the underlying premises‑liability action and therefore were not entitled to equitable indemnification from Tippins‑Polk Construction. The Court analyzed the duty owed to an invitee, the need for reasonable inspection, and the proximate cause analysis, concluding the respondents breached their duty.