Tatum v. Medical University of South Carolina

TOAL Chief Justice:

I respectfully dissent. In my opinion, the Court of Appeals correctly held that Mrs. Tatum and Mr. Scarborough should not be precluded from pursuing these negligence and loss of consortium claims in light of the “dual persona” doctrine. Once MUSC undertook to act as Mrs. Tatum’s medical provider, it took on a persona legally distinct from its status as her employer. I would dismiss the writ of certiorari as improvidently granted.

PLEICONES, concurs.