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No. 14-1108
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Timothy M. Cain, District Judge.
(6:12-cv-01458-TMC)
Submitted:
Decided:
January 2, 2015
PER CURIAM:
Robert
Humphrey
(Humphrey)
and
his
wife
Crystal
granting
International
claims.
summary
judgment
(Defendant)
on
for
their
Day
&
Zimmermann
state-law
negligence
judgment,
viewing
the
facts
and
drawing
all
reasonable
Summary
Fed. R. Civ. P.
56(a).
In
jurisdiction,
dispute.
To
light
South
of
the
Carolina
district
substantive
courts
law
diversity
governs
this
establish
claim
for
negligence
in
South
Carolina,
(3)
defendants
breach
was
the
proximate
cause
of
Dorrell
See Nelson v.
A plaintiffs
of
plaintiffs
negligence
While ordinarily
with
that
of
the
Bloom
v. Ravoira, 529 S.E.2d 710, 713 (S.C. 2000) (citing Creech, 491
S.E.2d at 575).
Plaintiffs
argue
that
comparison
of
Humphreys
We disagree.
that
he
used
his
protective
equipment
properly
jumpsuit
was
covered
in
the
chemical
while
After his
during
the
appeared,
rather
than
3
replace
the
mask
with
properly
fitted
one.
On
these
facts,
the
district
court
here
was
that
Humphreys
negligence
exceeded
with
oral
argument
because
the
facts
and
We
legal