Kilgore v. Estate of Dixon
Decision Date | 20 March 2019 |
Docket Number | 2019-UP-110 |
Parties | Kenji C. Kilgore, Appellant, v. Estate of Samuel Joe Dixon, Samuel E. Dixon, and Fredda L. Dixon, Respondents. Appellate Case No. 2017-001330 |
Court | South Carolina Court of Appeals |
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
Submitted February 1, 2019
Appeal From Anderson County R. Lawton Mcintosh, Circuit Court Judge
Donald Loren Smith, of Attorney Office of Donald Smith, of Anderson for Appellant.
Robert Eric Davis, of The Ward Law Firm, PA, of Spartanburg, for Respondents.
Kenji Kilgore appeals the circuit court's dismissal of his negligence claim against Samuel E. Dixon and Fredda L. Dixon under Rule 12(b)(6), SCRCP, arguing (1) he sufficiently alleged the elements of negligence in his complaint and (2) he was deprived of his right to pursue discovery. We affirm pursuant to Rule 220(b), SCACR, and the following authorities:
As to Issue 1: Rule 8(a), SCRCP ("A pleading which sets forth a cause of action . . . shall contain . . . a short and plain statement of the facts showing that the pleader is entitled to relief . . . ."); Clark v. Clark, 293 S.C 415, 416, 361 S.E.2d 328, 328 (1987) (); Doe v. Marion, 361 S.C. 463 469, 605 S.E.2d 556, 559 (Ct. App. 2004) (), aff'd 373 S.C. 390, 645 S.E.2d 245 (2007); id. (); id. at 470, 605 S.E.2d at 560 ("To sustain an action for negligence, it is essential the plaintiff demonstrate the defendant breached a duty of care owed to the plaintiff."); id. (); id. (); id. at 471, 605 S.E.2d at 560 ("Under South Carolina law, there is no general duty to control the conduct of another or to warn a third person or potential victim of danger."); id. ; id. ; Wright v. PRG Real Estate Mgmt., Inc., 413 S.C. 276, 280, 775 S.E.2d 399, 401 (Ct. App. 2015) ().
As to Issue 2: Marion, 361 S.C. at 469, 605 S.E.2d at 559 ("[I]n considering a 12(b)(6) motion, the trial court must base its ruling solely upon allegations set forth on the face of...
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