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POSTON v. BARNES

22784

294 S.C. 261 (1987)

363 S.E.2d 888

Gerald Scott POSTON, by his Guardian and Litem, Gloria Lee POSTON, Respondent v. Norvell BARNES and Florence County School District #2, Defendants, of whom Florence County School District #2 is Appellant. Appeal of FLORENCE COUNTY SCHOOL DISTRICT # 2.

Supreme Court of South Carolina.

Decided October 12, 1987.

Attorney(s) appearing for the Case

C. Dexter Powers, of Wright, Powers & McIntosh, Florence, for appellant.

Ronald J. Jebaily, George D. Jebaily, Jebaily & Glass, and Mary Layton Wells, Florence, for respondent.

David W. Keller, Jr. or McGowan, Keller, Eaton, Brodie & Elmore, Florence, for defendant Barnes.

Heard March 23, 1987.

Decided October. 12, 1987.

FINNEY, Justice:

This is a personal injury action arising out of a three-vehicle accident. The minor plaintiff Gerald Poston (Poston), respondent, and defendant Norvell Barnes (Barnes), prior to trial, entered into a Covenant Not to Execute or Proceed. This agreement was not disclosed to the jury despite attempts by the appellant, Florence County School District #2 (School District), to require its disclosure...

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