Marvin Gipson v. Coffey & McKenzie, P.A.

Syllabus

Gipson sued Coffey & McKenzie, P.A. (Coffey) for negligence related to its representation of Gipson in a real estate closing wherein Coffey sent the sale proceeds, $10,036, to the wrong bank account due to a fraudulent email sent by an unknown hacker. A jury awarded Gipson $10,036. The trial court denied Coffey's motion to reduce the verdict by $1,516.89, the amount Coffey recovered from the hacker's bank account and had already returned to Gipson. The court of appeals affirmed, holding the jury's damage award was reasonable, and in any event, the recovered funds derived from a collateral source. Gipson v. Williamson, Op. No. 2023 UP 324 (S.C. Ct. App. filed Oct. 4, 2023). We granted certiorari. Because we conclude the money returned was not from a collateral source, we reverse in part.