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Vermeer Carolina's Inc. v. Wood/Chuck Chipper Corp.6/1/1999
Vermeer Carolina's, Inc., v. Wood/Chuck Chipper Corporation,
Appeal From Dorchester County
Patrick R. Watts, Special Circuit Court Judge
Heard May 11, 1999
AFFIRMED
Vermeer Carolina's, Inc., filed this action against Wood/Chuck Chipper Corporation for indemnity or, alternatively, contribution for monies paid as a personal injury settlement with Elbert Causey. The trial court granted Wood/Chuck's motion for summary judgment. Vermeer appeals. We affirm.
FACTS/PROCEDURAL BACKGROUND
Wood/Chuck manufactured a machine called a Model Series V Heavy Duty Chipper. On January 31, 1991, Causey purchased a used chipper from Vermeer. Causey was using the machine to chip logs and branches on August 21, 1992. At some point, Causey turned the machine off, but the rotor blade continued to turn. As Causey brushed away the wood chips that were concealing the rotor, the rotor amputated his right hand.
In his complaint, Causey alleged against Vermeer causes of action for breach of express and implied warranties, strict liability, and negligence. Causey pleaded strict liability and negligent design against Wood/Chuck.
On June 26, 1995, the day the trial was to begin, Causey requested a "non-suit with prejudice for all claims contained in the complaint against Wood/Chuck Chipper Corporation." Over Vermeer's objection, the court issued an order granting Causey's motion. Vermeer did not appeal this order.
Instead of proceeding with the trial, Vermeer and Causey settled the case. Under the terms of the settlement, Vermeer made a lump sum payment to Causey of $200,000 and agreed to make monthly payments of $926 to Causey for the next five years. The settlement check, which was dated July 5, 1995, was posted to Causey's attorney's account on August 19, 1995. Yet, the agreement was not fully executed until September 5, 1995. The settlement agreement provided: "This Agreement and Release shall be come effective following execution by all parties." Causey, his wife, and his attorney signed the agreement on August 14, 1995. Vermeer's counsel signed it on August 21, 1995. A representative of Vermeer's insurance carrier signed the agreement on September 5, 1995.
Vermeer instituted this action seeking either indemnification or contribution from Wood/Chuck for the monies paid under the Causey settlement agreement. Wood/Chuck answered averring a general denial, various defenses, and a counterclaim under the South Carolina Frivolous Civil Proceedings Sanctions Act. Wood/Chuck filed a motion for summary judgment, which the trial court granted.
ISSUES
I. Did the trial court err in finding Vermeer was not entitled to indemnification from Wood/Chuck?
II. Did the trial court err in holding Causey's dismissal of Wood/Chuck with prejudice extinguished any right of contribution Vermeer may have had against Wood/Chuck?
III. Did the trial court err in ruling Vermeer was not entitled to seek contribution or indemnification for its settlement of the claim of Mrs. Causey?
IV. Did the trial court err in finding Vermeer's action was barred by the statute of limitations?
STANDARD OF REVIEW
Summary judgment is appropriate when it is clear there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Baird v. Charleston County, 333 S.C. 519, 511 S.E.2d 69 (1999); Young v. South Carolina Dep't of Corrections, 333 S.C. 714, 511 S.E.2d 413 (Ct. App. 1999); Rule 56(c), SCRCP. See also Wells v. City of Lynchburg, 331 S.C. 296, 501 S.E.2d 746 (Ct. App. 1998)(trial court shoul
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