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7 South Carolina opinions name it 1 courts 1897–2024 1 in the last five years
The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ward v. Eptinggreen2 sentences2024See Smith, 397 S.C. at 472 , 724 S.E.2d at 190 (requiring setoff "so long as the settlement funds were paid to compensate the same plaintiff on a claim for the same injury"); Hawkins, 330 S.C. at 113 , 498 S.E.2d at 407 ("[T]he reduction in the judgment must be from a settlement for the same cause of action." (citing Ward v. Epting, 290 S.C. 547, 560 , 351 S.E.2d 867, 875 (Ct. App. 1986))); Rutland, 400 S.C. at 217 , 734 S.E.2d at 146 (affirming the trial court's reallocation of pretrial settlement proceeds). 2024See Smith, 397 S.C. at 472 , 724 S.E.2d at 190 (requiring setoff "so long as the settlement funds were paid to compensate the same plaintiff on a claim for the same injury"); Hawkins, 330 S.C. at 113 , 498 S.E.2d at 407 ("[T]he reduction in the judgment must be from a settlement for the same cause of action." (citing Ward v. Epting, 290 S.C. 547, 560 , 351 S.E.2d 867, 875 (Ct. App. 1986))); Rutland, 400 S.C. at 217 , 734 S.E.2d at 146 (affirming the trial court's reallocation of pretrial settlement proceeds). | 1 | 1 |
Rutland v. South Carolina Department of Transportationgreen2 sentences2024See Smith, 397 S.C. at 472 , 724 S.E.2d at 190 (requiring setoff "so long as the settlement funds were paid to compensate the same plaintiff on a claim for the same injury"); Hawkins, 330 S.C. at 113 , 498 S.E.2d at 407 ("[T]he reduction in the judgment must be from a settlement for the same cause of action." (citing Ward v. Epting, 290 S.C. 547, 560 , 351 S.E.2d 867, 875 (Ct. App. 1986))); Rutland, 400 S.C. at 217 , 734 S.E.2d at 146 (affirming the trial court's reallocation of pretrial settlement proceeds). 2024See Smith, 397 S.C. at 472 , 724 S.E.2d at 190 (requiring setoff "so long as the settlement funds were paid to compensate the same plaintiff on a claim for the same injury"); Hawkins, 330 S.C. at 113 , 498 S.E.2d at 407 ("[T]he reduction in the judgment must be from a settlement for the same cause of action." (citing Ward v. Epting, 290 S.C. 547, 560 , 351 S.E.2d 867, 875 (Ct. App. 1986))); Rutland, 400 S.C. at 217 , 734 S.E.2d at 146 (affirming the trial court's reallocation of pretrial settlement proceeds). | 1 | 1 |
Smith v. Widenergreen2 sentences2024See Smith, 397 S.C. at 472 , 724 S.E.2d at 190 (requiring setoff "so long as the settlement funds were paid to compensate the same plaintiff on a claim for the same injury"); Hawkins, 330 S.C. at 113 , 498 S.E.2d at 407 ("[T]he reduction in the judgment must be from a settlement for the same cause of action." (citing Ward v. Epting, 290 S.C. 547, 560 , 351 S.E.2d 867, 875 (Ct. App. 1986))); Rutland, 400 S.C. at 217 , 734 S.E.2d at 146 (affirming the trial court's reallocation of pretrial settlement proceeds). 2024See Smith, 397 S.C. at 472 , 724 S.E.2d at 190 (requiring setoff "so long as the settlement funds were paid to compensate the same plaintiff on a claim for the same injury"); Hawkins, 330 S.C. at 113 , 498 S.E.2d at 407 ("[T]he reduction in the judgment must be from a settlement for the same cause of action." (citing Ward v. Epting, 290 S.C. 547, 560 , 351 S.E.2d 867, 875 (Ct. App. 1986))); Rutland, 400 S.C. at 217 , 734 S.E.2d at 146 (affirming the trial court's reallocation of pretrial settlement proceeds). | 1 | 1 |
Hawkins v. Pathology Associatesgreen2 sentences2024See Smith, 397 S.C. at 472 , 724 S.E.2d at 190 (requiring setoff "so long as the settlement funds were paid to compensate the same plaintiff on a claim for the same injury"); Hawkins, 330 S.C. at 113 , 498 S.E.2d at 407 ("[T]he reduction in the judgment must be from a settlement for the same cause of action." (citing Ward v. Epting, 290 S.C. 547, 560 , 351 S.E.2d 867, 875 (Ct. App. 1986))); Rutland, 400 S.C. at 217 , 734 S.E.2d at 146 (affirming the trial court's reallocation of pretrial settlement proceeds). 2024See Smith, 397 S.C. at 472 , 724 S.E.2d at 190 (requiring setoff "so long as the settlement funds were paid to compensate the same plaintiff on a claim for the same injury"); Hawkins, 330 S.C. at 113 , 498 S.E.2d at 407 ("[T]he reduction in the judgment must be from a settlement for the same cause of action." (citing Ward v. Epting, 290 S.C. 547, 560 , 351 S.E.2d 867, 875 (Ct. App. 1986))); Rutland, 400 S.C. at 217 , 734 S.E.2d at 146 (affirming the trial court's reallocation of pretrial settlement proceeds). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Levister v. Southern Ry. Co.
green
2 sentences1961Levister v. Southern Railway Co., 56 S. C. 508, 35 S. E. 207 ; Brown v. Walker Lumber Co., 128 S. C. 161, 122 S. E. 670 ; Taylor v. Palmetto State Life Insurance Co., 196 S. C. 195, 12 S. E. (2d) 708 ; Norton v. Planters Fertilizer & Phosphate Co., 206 S. C. 119, 33 S. E. (2d) 247 . 1924In the case of Levister v. Railway Co., 56 S. C., 508; 35 S. E., 207 , this Court held (syllabus): “A party having suffered injury from alleged negligence of a railroad company, and for a valuable consideration having released the company from all liability therefor, cannot maintain an action for such negligence without returning the consideration, although he alleges the release was obtained by fraud.” In the case at bar the defendant in its answer set up the release as a defense. | 2 | 1924–1961 |
Aldridge, Admr. v. Watts Mill
neutral
1 sentence1962Respondent also suggests that under the decision of this court in Aldridge v. Watts Mill, 131 S. C. 222, 127 S. E. 213 , her release, although obtained by fraud, has barred action by an administrator. | 1 | 1962–1962 |
Taylor v. Palmetto State Life Ins. Co.
green
1 sentence1961Levister v. Southern Railway Co., 56 S. C. 508, 35 S. E. 207 ; Brown v. Walker Lumber Co., 128 S. C. 161, 122 S. E. 670 ; Taylor v. Palmetto State Life Insurance Co., 196 S. C. 195, 12 S. E. (2d) 708 ; Norton v. Planters Fertilizer & Phosphate Co., 206 S. C. 119, 33 S. E. (2d) 247 . | 1 | 1961–1961 |
Brown v. Walker Lumber Co.
green
1 sentence1961Levister v. Southern Railway Co., 56 S. C. 508, 35 S. E. 207 ; Brown v. Walker Lumber Co., 128 S. C. 161, 122 S. E. 670 ; Taylor v. Palmetto State Life Insurance Co., 196 S. C. 195, 12 S. E. (2d) 708 ; Norton v. Planters Fertilizer & Phosphate Co., 206 S. C. 119, 33 S. E. (2d) 247 . | 1 | 1961–1961 |
Norton v. Planters Fertilizer & Phosphate Co.
neutral
1 sentence1961Levister v. Southern Railway Co., 56 S. C. 508, 35 S. E. 207 ; Brown v. Walker Lumber Co., 128 S. C. 161, 122 S. E. 670 ; Taylor v. Palmetto State Life Insurance Co., 196 S. C. 195, 12 S. E. (2d) 708 ; Norton v. Planters Fertilizer & Phosphate Co., 206 S. C. 119, 33 S. E. (2d) 247 . | 1 | 1961–1961 |
Weber v. Perry
green
1 sentence1951Respondent relies upon the case of Weber v. Perry, supra. However, in that case the plaintiff abandoned an established business in order to accept the ’ proffered employment in’a distant state. | 1 | 1951–1951 |
Pennsylvania Co. v. Dolan
green
2 sentences1936Pennsylvania Co. v. Dolan, 6 Ind. App., 109 , 32 N. E., 802 , 51 Am. 1936Pennsylvania Co. v. Dolan, 6 Ind. App., 109 , 32 N. E., 802 , 51 Am. | 1 | 1936–1936 |
McDowell v. Southern Railway Co.
green
1 sentence1924Pursuant to suggestions as to procedure made in McDowell v. Ry., Co., 113 S. C., 399; 102 S. E., 639 , the Court below ordered plaintiff to reply to that part of the answer setting up the release, and to state in the reply whether the alleged consideration for the release had been repaid or tendered to the defendant. | 1 | 1924–1924 |
Western Bank v. Sherwood
neutral
1 sentence1897The case of Western Bank v. Sherwood, 29 Barb., 383 , cited by counsel for respondents, simply decides the admitted doctrine that, since the Code, a defendant may avail himself of any defense, either legal or equitable, which he may have to the claim sued on, even though the action be prosecuted by an as-signee of an unnegotiable instrument, inasmuch as he takes subject to all the equities existing between the original parties to the contract at the time of the assignment. | 1 | 1897–1897 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.