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Vermeer Carolina's Inc. v. Wood/Chuck Chipper Corp.6/1/1999
ations. As a supposed basis for this contention, Vermeer references the following portion of the trial court's order:
Vermeer's settlement agreement with the Causeys includes monthly payments extending into the year 2000. Vermeer will not "discharge" this liability within one year of its agreement. Vermeer will not discharge this liability within the period of limitations applicable to the Causeys' right of action against it. The settlement agreement was not even effective until the period of limitations had run.
Vermeer's appellate brief questions whether the trial court actually ruled on this issue: "In granting summary judgment . . ., the Court appeared to somehow reach the Conclusion that Vermeer's claims were barred by the statute of limitations."
Although the trial court mentioned Vermeer did not "'discharge' this liability within one year of its agreement," apparently based on the five year monthly payments, the trial court did not rule Vermeer did not bring this action against Wood/Chuck within the applicable one year period for seeking contribution under the Act. No one disputes the claim against Wood/Chuck was brought within one year after settling the case. We find no error.
CONCLUSION
We hold Vermeer is not entitled to indemnification. Further, we rule there is no contribution available to Vermeer under the South Carolina Uniform Contribution Among Tortfeasors Act. Accordingly, the order of the trial court granting summary judgment to Wood/Chuck is
AFFIRMED.
CURETON and STILWELL, JJ., concur.
Page 1 2 3 4 5 6 7 8 9 South Carolina Personal Injury Attorneys
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