BRASWELL SHIPYARDS, INC. v. BEAZER EAST, INC.

No. 92-1476.

2 F.3d 1331 (1993)

BRASWELL SHIPYARDS, INCORPORATED, Plaintiff-Appellee, v. BEAZER EAST, INCORPORATED, formerly known as Koppers Company, Defendant & Third Party Plaintiff-Appellant, and Elliott S. Braswell, d/b/a Neckland Associates; John Squire; Conserv Oil; Fleet Transport, Incorporated; Pepper Industries; United States Navy; Fedserv Industries, Incorporated, Third Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 23, 1993.


Attorney(s) appearing for the Case

Elmer A. Simpson, Jr., argued (V. Robert Denham, Jr. and Linda G. Birchall, on brief), Powell, Goldstein, Frazer & Murphy, Atlanta, GA, for plaintiff-appellant.

Lemuel Gray Geddie, Jr., argued (Eric C. Schweitzer, on brief), Ogletree, Deakins, Nash, Smoak & Stewart, Greenville, SC, for plaintiff-appellee.

Before HAMILTON and LUTTIG, Circuit Judges, and WARD, Senior United States District Judge for the Middle District of North Carolina, sitting by designation.


OPINION

HAMILTON, Circuit Judge:

Beazer East, Inc. (Beazer) appeals from an adverse judgment in the district court finding it liable to Braswell Shipyards, Inc. (Braswell) in the amount of $2,095,144.45, including $1,064,313.63 in prejudgment interest. This judgment compensated Braswell for Beazer's negligent failure to disclose a defective condition in property located in Charleston, South Carolina, which it sold to Braswell. Braswell asserted in its complaint...

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