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SOIL REMEDIATION v. NU-WAY ENVIRONMENTAL

No. 24574.

325 S.C. 231 (1997)

482 S.E.2d 554

SOIL REMEDIATION COMPANY and Yadkin Brick Company, Inc., Respondents, v. NU-WAY ENVIRONMENTAL, INC., Defendant/Third-Party Plaintiff, v. CAROLINA EASTMAN DIVISION, A DIVISION OF EASTMAN KODAK COMPANY, and Yeargin, Inc., Third-Party Defendants, Of whom Carolina Eastman Division, a Division of Eastman Kodak Company, is Appellant.

Supreme Court of South Carolina.

Decided February 10, 1997.

Rehearing Denied March 21, 1997.

Attorney(s) appearing for the Case

Robert Y. Knowlton and Deborah P. Morgan, both of Sinkler & Boyd, P.A., Columbia, for appellant.

William L. Pope and Roy F. Laney, both of Pope & Rodgers, Columbia, for respondent Soil Remediation Company.

George A. Kastanes, Lexington, for respondent Yadkin Brick Company, Inc.

Russel T. Burke, of Nexsen, Pruet, Jacobs & Pollard, Columbia, for defendant/third-party plaintiff Nu-Way Environmental, Inc.

Stephen E. Hudson, of Kilpatrick & Cody, Atlanta, Georgia, for third-party defendant Yeargin, Inc.

MOORE, Justice:

This appeal involves the sole issue whether the trial judge properly granted partial summary judgment regarding liability for breach of contract and indemnification. We reverse.

FACTS

Appellant Carolina Eastman Division (Owner) hired Nu-Way Environmental, Inc., (Engineer) to remove petroleumcontaminated sludge from Owner's Dowtherm Basin, a concrete basin that holds run-off from the floor drains in Owner's facility. Engineer...

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