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OTIS ELEVATOR v. HARDIN CONSTRUCTION9/19/1994
fe Assurance Corp. v. Smith and Oby Co., 272 F.2d 581 (6th Cir. 1959) (where a subcontractor indemnified a general contractor against injuries to the subcontractor's employees, and the general contractor's insurer settled a claim with an injured employee of the subcontractor, the general contractor's insurer was permitted to recover from the subcontractor the settlement amount it paid plus costs and attorney fees); cf. Johnston v. Aiken Auto Parts, ___ S.C. ___, 428 S.E.2d 737, 738 (Ct.App. 1993) (" wrongdoer is not entitled to have the damages for which the wrongdoer is liable reduced by proving that the plaintiff will receive compensation or indemnity for the loss from a collateral source, wholly independent of the wrongdoer.").
We therefore reverse the trial court's order reducing the
Affirmed in part, reversed in part, and remanded.
FINNEY, Acting, C.J., MOORE, J. and Bruce LITTLEJOHN and M.D. SHULER, Acting Associate Justices, concur.
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