SMITH v. WIDENER

No. 4959.

397 S.C. 468 (2012)

724 S.E.2d 188

Sandra C. SMITH, Respondent, v. Tracy E. WIDENER, Stacy E. Currie, Ronald Widener, The Estate of James Donald Epting, CitiStreet, LLC, and Karen S. Erickson, Defendants, Of whom Tracy E. Widener, Stacy E. Currie and The Estate of James Donald Epting are the Appellants.

Court of Appeals of South Carolina.

Decided March 28, 2012.


Attorney(s) appearing for the Case

Amy Lohr Gaffney and John S. Nichols , both of Columbia, for Appellants.

Karl Stephen Brehmer , of Columbia, for Respondent.


FEW, C.J.

In this appeal we hold that when a plaintiff seeks actual and punitive damages arising out of the same injury, the two types of damages are part of the same claim for purposes of determining whether a nonsettling defendant is entitled to a setoff to account for funds paid to the plaintiff by a settling defendant. We reverse the circuit court's order to the contrary.

I. Facts and Procedural History

In March 1985, James Donald Epting designated...

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