SOUTH CAROLINA ELECTRIC AND GAS COMPANY, Appellant, v. COMBUSTION ENGINEERING, INC. and Daniel International Corporation, Respondents, 283 S.C. 182

Summary

Appellant sought review of grant of summary judgment for appellee manufacturer in action alleging breach of implied warranties of fitness and merchantability and negligent design and manufacture; and for appellee installer in action alleging negligent installation and breach of warranty of workmanship. The court held appellee manufacturer entitled to judgment as to warranties where no issue of fact existed as to whether implied warranties were excluded when circumstances of transaction sufficiently warned appellant of exclusion. The court held exculpatory clause entitled appellee manufacturer to judgment as to negligent manufacture, but not negligent design, where language only explicitly excluded negligent manufacture claims. The court held appellee installer was not entitled to judgment as to negligent installation when issue of fact existed as to whether it was responsible for determining specifications of installation. The court held appellee installer was not entitled to judgment ...