Russell v. Ashe Brick Company

Ness, Justice.

As a result of a personal injury, appellant’s insurer issued a “walkaway draft” to the respondent. The trial judge refused to allow an offset and credit for these funds on the verdict obtained at trial.

Respondent was injured at appellant’s place of business when a pallet of bricks collapsed on him. Settlement negotiations between respondent and the Insurance Company of North America (INA), appellant’s insurer, were not fruitful. INA thereafter sent respondent a check for $5,500.00 along' with the following letter:

“We .regret we have been unable to mutually agree upon a…