Futch v. McAllister Towing of Georgetown, Inc.

I respectfully dissent. I do not agree that McAllister proved as a matter of law that Futch was not entitled to the *321compensation he sought in this action. I would also affirm the trial court’s award of treble damages and attorney fees under S.C.Code Ann. § 41-10-80(C) of the Wage Payment Act.

As a threshold matter, I believe the question of whether Futch was disloyal was a matter for the jury to decide. Futch’s testimony alone denying disloyalty would have been sufficient to warrant the trial court’s denial of McAllister’s motion for directed verdict. Collins & Sons Fine Jewelry, Inc. v.…