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RUSSELL v. ASHE BRICK COMPANY

20323

267 S.C. 640 (1976)

230 S.E.2d 814

Lowry D. RUSSELL, Respondent, v. ASHE BRICK COMPANY, Appellant.

Supreme Court of South Carolina.

December 7, 1976.

Attorney(s) appearing for the Case

Messrs. Keith A. Gatlin and John C. Hayes, of Hayes, Brunson and Gatlin, Rock Hill, for Appellant.

Robert R. Carpenter, Esq., of Roddey, Sumwalt & Carpenter, Rock Hill, for Respondent.

December 7, 1976.

NESS, Justice.

As a result of a personal injury, appellant's insurer issued a "walkaway draft" to the respondent. The trial judge refused to allow an offset and credit for these funds on the verdict obtained at trial.

Respondent was injured at appellant's place of business when a pallet of bricks collapsed on him. Settlement negotiations between respondent and the Insurance Company of North America (INA), appellant's insurer, were...

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