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Abu-Shawareb v. South Carolina State University3/21/2005
Heard December 8, 2004
AFFIRMED
Hassan Abu-Shawareb appeals the trial court's grant of judgment notwithstanding the verdict in favor of South Carolina State University, arguing the court erred by determining a prior order and release barred his bailment claim. We affirm.
FACTS
In response to a student's sexual harassment complaint, Abu-Shawareb was suspended from the faculty at the university, required to leave campus immediately, and prohibited from returning pending a criminal investigation. He left behind several volumes of his private library in his locked office, along with teaching materials, maps, photographs, and personal mementos.
After he was acquitted on the criminal charge, Abu-Shawareb brought a federal civil rights claim against the university alleging wrongful suspension and demanding reinstatement. The parties successfully mediated his claim and agreed to enter into a settlement agreement. According to the agreement's terms, the university was to be released from all claims arising out of Abu-Shawareb's employment, and he was to be permitted to return as a tenured faculty member.
Upon returning to the university but prior to signing the release, Abu-Shawareb discovered the contents of his former office were missing. The parties' counsel exchanged correspondence in an attempt to locate the missing items. Abu-Shawareb's attorney informed the university it would have to either locate his client's property or compensate Abu-Shawareb for the loss.
Counsel for the university replied, "It is my understanding that the University is continuing the effort to locate any materials which belong to the Plaintiff. I will keep you aware of the progress of this search. I do not believe that this unresolved issue should forestall the execution of a settlement agreement and I do not understand your letter to suggest that notion." A revised settlement agreement and release, proposed order of dismissal, and settlement check were enclosed with the reply.
Abu-Shawareb executed the revised settlement agreement and release. Although the release made no mention of his missing belongings, Abu-Shawareb's attorneys prepared for him a separate handwritten statement purporting to reserve "any claims relating to the loss or destruction of . . . personal items or professional items housed or stored in the office of Hassan Abu-Shawareb[.]" This document was not executed by anyone on behalf of the university. The release was later adopted and incorporated into the federal court's order of dismissal terminating the litigation.
The missing items were never located, and Abu-Shawareb sued the university alleging causes of action for bailment, negligence, and conversion. The university denied his claims and raised several affirmative defenses, one of which was that the parties' agreement and release incorporated in the order of dismissal in the federal case barred Abu-Shawareb's claims.
At a hearing on a motion for summary judgment, the university argued the release and order of dismissal in the federal action barred the Abu-Shawareb's claims, relying on Bradley v. Family Ford Sales, Inc., 287 S.C. 401, 339 S.E.2d 122 (1986). The university's motion for summary judgment was taken under advisement by the court and the trial proceeded.
At trial, the university moved for a directed verdict, reasserting Abu-Shawareb's claims were barred by the Bradley decision. The court, however, refused to consider the motion and indicated the issue of whether Bradley barred the action remained under advisement for final determination on the university's summary judgment motion. The trial court gran
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