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HOME INSURANCE COMPANY v. TOWE

1927

310 S.C. 167 (1992)

425 S.E.2d 784

The HOME INSURANCE COMPANY, A Corporation, Respondent v. Brian Eugene TOWE, Jerry Edward Alexander and William Wayne McClaskey, Defendants, of whom William Wayne McClaskey is the Appellant. Appeal of William Wayne McClaskey.

Court of Appeals of South Carolina.

Decided December 21, 1992.

Rehearing Denied January 15, 1993.

Attorney(s) appearing for the Case

Steven M. Krause, of Epps, Krause & Nicholson, Anderson, for appellant.

Dana C. Mitchell, III and Jesse A. McCall, Jr., both of Mitchell, Bouton, Yokel, Edwards & McCall, Greenwood, for respondent.

Robert L. Waldrep, Jr., Anderson, for defendant Jerry Edward Alexander.

R. Daniel Day, Seneca, for defendant Brian Eugene Towe.

Heard Nov. 5, 1992;

Decided Dec. 21, 1992.

Reh. Den. Jan. 15, 1993.

Per Curiam:

William Wayne McClaskey was driving a backhoe on the highway when he was struck by a beer bottle thrown from a passing car driven by Brian Eugene Towe. The bottle was thrown by Towe's passenger, Jerry Edward Alexander. Towe knew that Alexander had thrown bottles at road signs from Towe's car on prior occasions. Alexander was throwing the bottle at a road...

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