May 2, 2017.
From Charleston County Brian M. Gibbons, Circuit Court Judge
Kenneth Michael Barfield and Diane Summers Clarke, II, both
of Barnwell Whaley Patterson & Helms, LLC, of Charleston,
K. Pritchard, III, and Elizabeth Fraysure Fulton, both of
Pritchard Law Group, LLC, of Charleston, for Respondents.
appeal arising from a premises liability lawsuit, Avtex
Commercial Properties, Inc. (Avtex) argues the trial court
erred in denying its motion to disclose settlement and motion
for setoff. We reverse and remand.
Huck slipped and fell while walking into Wild Wing
Café in Mount Pleasant. Huck and his wife, Dianne
Huck, filed a complaint against Wild Wing Café and
Avtex, as the building's owner, among other parties. Huck
alleged he suffered bodily injury, causing him to have
surgery and incur medical costs. Huck asserted causes of
action for negligence and loss of consortium. Dianne also
asserted a cause of action for loss of consortium. Prior to
trial, a settlement was entered into with defendants Civil
Site Environmental, Inc. and Chandler Construction Services,
Inc. The terms of the settlement, including the amounts, were
not disclosed to the trial court. At the close of the
Hucks' case, the court granted the remaining
defendants' motions for directed verdict on Dianne's
loss of consortium claim.
jury returned a verdict in favor of Huck against Avtex only
in the amount of $97, 640, but the jury found Huck was fifty
percent negligent in bringing about his own injuries.
Accordingly, the court reduced the verdict by fifty percent
to $48, 820 and entered judgment against Avtex in that
amount. Avtex filed a motion for judgment notwithstanding the
verdict pursuant to Rule 50(b), SCRCP. It also filed a motion
for disclosure of settlement and setoff, or in the
alternative, to determine if the settlement was made in good
faith. The trial court denied both motions. Avtex made a
motion to alter or amend judgment pursuant to Rule 59(e),
SCRCP, which the trial court denied. This appeal followed.
an action at law, on appeal of a case tried by a jury, the
jurisdiction of this Court extends merely to the correction
of errors of law." Townes Assocs., Ltd. v. City of
Greenville, 266 S.C. 81, 85, 221 S.E.2d 773, 775 (1976).
"[A] factual finding of the jury will not be disturbed
unless a review of the record discloses that there is no
evidence which reasonably supports the jury's
Motion to ...