Sheek v. Crimestoppers Alarm Systems, Div. of Glen Curt Consultants, No. 1288

CourtCourt of Appeals of South Carolina
Writing for the CourtSHAW
Citation297 S.C. 375,377 S.E.2d 132
PartiesGene SHEEK, Appellant, v. CRIMESTOPPERS ALARM SYSTEMS, DIVISION OF GLEN CURT CONSULTANTS, and Curtis M. Head, Individually and as an agent for Crimestoppers Alarm Systems, Respondents. . Heard
Docket NumberNo. 1288
Decision Date14 December 1988

Page 132

377 S.E.2d 132
297 S.C. 375
Gene SHEEK, Appellant,
v.
CRIMESTOPPERS ALARM SYSTEMS, DIVISION OF GLEN CURT
CONSULTANTS, and Curtis M. Head, Individually and
as an agent for Crimestoppers Alarm
Systems, Respondents.
No. 1288.
Court of Appeals of South Carolina.
Heard Dec. 14, 1988.
Decided Feb. 6, 1989.

[297 S.C. 376] W. Harold Christian, Jr., Greenville, for appellant.

Vance B. Drawdy and Michael A. Farry, Greenville, for respondents.

SHAW, Judge:

Appellant, Gene Sheek, brought this action against respondents, Crimestoppers Alarm Systems, and Curtis M. Head, alleging negligence, breach of contract, fraud and unfair trade practices. The case was referred to the Master for trial. After a hearing on the matter, the Master found in favor of respondents. Sheek appeals. We affirm.

Sheek met Head at a home show where Head had a booth for Crimestoppers. Sheek subsequently contacted Head to install a burglar alarm system in Sheek's home in Mauldin. In 1984, Sheek contacted Head again to install an alarm system in Sheek's new home. Head, in the presence of Sheek, surveyed the layout of the new house and designed a security system. In discussing the location of the outside siren, Head suggested it be placed in a gable vent. However, the house had no gable vent and, at Sheek's instruction, the siren was placed exposed on the outside of the building.

On September 25, 1985, Sheek's home was broken into and robbed. Investigators discovered the wires of the speakers had been disconnected.

Sheek first contends the Master erred in failing to find the respondents were negligent in the installation of this particular alarm system in Sheek's new home. 1 Sheek argues the expert testimony showed

Page 133

three standards of care breached by respondents. Specifically, he argues the expert [297 S.C. 377] testimony showed (1) an exterior siren should not be physically located outside; (2) if such a siren is located outside, it should be protected by a tamper resistant box or switch; and (3) the wiring of speakers should be in parallel rather than series.

On appeal of a final judgment entered by a Master in a law case tried without a jury, the findings of fact of the Master will not be disturbed unless found to be without evidence which reasonably supports the Master's findings. May v. Hopkinson, 289 S.C. 549, 347 S.E.2d 508 (Ct.App.1986). We may not consider the case based on our view of the preponderance of the evidence, but must construe the evidence...

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21 practice notes
  • Solley v. Navy Fed. Credit Union, Inc., No. 4937.
    • United States
    • Court of Appeals of South Carolina
    • February 1, 2012
    ...light most favorable to the respondents and eliminate from consideration all evidence to the contrary.” Sheek v. Crimestoppers Alarm Sys., 297 S.C. 375, 377, 377 S.E.2d 132, 133 (Ct.App.1989). Questions regarding credibility and weight of evidence are exclusively for the trial court. Id.LAW......
  • Snow v. Smith, Appellate Case No. 2013–002727.
    • United States
    • Court of Appeals of South Carolina
    • March 2, 2016
    ...(1995). "[Q]uestions regarding credibility and weight of the evidence are exclusively for the" master. Sheek v. Crimestoppers Alarm Sys., 297 S.C. 375, 377, 377 S.E.2d 132, 133 (Ct.App.1989). "We must look at the evidence in the light most favorable to the respondents and eliminate from con......
  • Regions Bank v. Strawn, No. 5027.
    • United States
    • Court of Appeals of South Carolina
    • September 25, 2012
    ...Questions regarding credibility and the weight of the evidence are exclusively for the trial court. Sheek v. Crimestoppers Alarm Sys., 297 S.C. 375, 377, 377 S.E.2d 132, 133 (Ct.App.1989). “We may not consider the case based on our view of the preponderance of the evidence, but must constru......
  • Regions Bank v. Strawn, Opinion No. 5027
    • United States
    • Court of Appeals of South Carolina
    • August 22, 2012
    ...Questions regarding credibility and the weight of the evidence are exclusively for the trial court. Sheek v. Crimestoppers Alarm Sys., 297 S.C. 375, 377, 377 S.E.2d 132, 133 (Ct. App. 1989). "We may not consider the case based on our view of the preponderance of the evidence, but must const......
  • Request a trial to view additional results
21 cases
  • Solley v. Navy Fed. Credit Union, Inc., No. 4937.
    • United States
    • Court of Appeals of South Carolina
    • February 1, 2012
    ...light most favorable to the respondents and eliminate from consideration all evidence to the contrary.” Sheek v. Crimestoppers Alarm Sys., 297 S.C. 375, 377, 377 S.E.2d 132, 133 (Ct.App.1989). Questions regarding credibility and weight of evidence are exclusively for the trial court. Id.LAW......
  • Snow v. Smith, Appellate Case No. 2013–002727.
    • United States
    • Court of Appeals of South Carolina
    • March 2, 2016
    ...(1995). "[Q]uestions regarding credibility and weight of the evidence are exclusively for the" master. Sheek v. Crimestoppers Alarm Sys., 297 S.C. 375, 377, 377 S.E.2d 132, 133 (Ct.App.1989). "We must look at the evidence in the light most favorable to the respondents and eliminate from con......
  • Regions Bank v. Strawn, No. 5027.
    • United States
    • Court of Appeals of South Carolina
    • September 25, 2012
    ...Questions regarding credibility and the weight of the evidence are exclusively for the trial court. Sheek v. Crimestoppers Alarm Sys., 297 S.C. 375, 377, 377 S.E.2d 132, 133 (Ct.App.1989). “We may not consider the case based on our view of the preponderance of the evidence, but must constru......
  • Regions Bank v. Strawn, Opinion No. 5027
    • United States
    • Court of Appeals of South Carolina
    • August 22, 2012
    ...Questions regarding credibility and the weight of the evidence are exclusively for the trial court. Sheek v. Crimestoppers Alarm Sys., 297 S.C. 375, 377, 377 S.E.2d 132, 133 (Ct. App. 1989). "We may not consider the case based on our view of the preponderance of the evidence, but must const......
  • Request a trial to view additional results

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