The gamecock. (Columbia, S.C.) 1908-2006, April 04, 1974, Image 1
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VOL. LXIV NO. 57 UNIVERSITY OF SOUTH CAROLINA, COLUMBIA. S.C. 29208 April 4, 1974
$900,Oi
Filed A~
FY FRANK DEEI)ACIIE
A $900,000 law suit has been filed
against the University; Charles
Witten, vice president for student
affairs; Joe Pearce, Florence
insurance agent; and Reliance
Insurance Company.
The suit was filed by George
Frooks, university law student,
who is represented by Kohn &
Findel, Attorneys At Law. Ac
cording to Finkel, the suit charges
the parties named with
misrepresentation and deceitful
practice, through fraudulent in
ducement and breach of contract.
The defendants have 20 days to
answer the charges. Finkel said
discovery procedures would
follow after the defendants had
replied. Finkel plans to take oral
dispositions and subpoena records.
He estimated 18 months as the
earliest possible trial date.
Frooks is suing individually and
on the behalf of all university
students with the student in
surance plan. According to Finkel,
this class action makes the suit
stronger and gives Frooks the right
to ask for estimated damages
incurred by all students. As an
individual Frooks is entitled to sue
for only approximately $200.
"The individual claims are very
small, but the fact is that people
are literally defrauded. The
problem is to make it recognizable
judicially. We are bringing in
claims at one time. Everybody
at the university is a potential
loser," Finkel said. "We believe
Green St
BY TOMMY FOWLER
A major issue facing Columbia
City Council candidates in next
week's election will be what to do
about the Green Street closing.
The April 9 election will have two
Democrats and two Republicans
running for two vacant council
seats. The Democratic candidates
are R.E.L. Freeman, a self
employed Columbia businessman
and I. P. Stanback, a retired in
surance man. Facing them are the
Republicans, William Durham, a
Columbia realtor and Kirk Finlay,
a Columbia area attorney.
Durham and Freeman have
previously served on the Council
and will attempt to regain their
seats.
Durham, a sort of middle-of-the
roader on the question said, "I am
not in favor of closing permanently
without full information." He said
until Sumter Street had been
completed, allowing traffic to
funnel through, and without
estimates of traffic flow by a
proposed Council survey, he would
not commit himself to a closing.
"I am committed to a trial
closing for a good, thorough look at
the traffic situation," Durham
)0 Fra
'ainst I
the school has pandered insurance.
It's an odious situation all the way
around."
T. Eston Marchant, university
board of trustees chairman, was
served as the university
representative. He said, "The case
is in litigation at this time. I
couldn't comment on it at this
point. The attorney general will be
representing the university."
Assistant Attorney General
Donnie Myers said the university
McKinne'
Call For C
BY TOMMY FOWLER
Both the in-coming and outgoing
presidents of the USC Student
Government Association (SGA)
stressed the re-organization of the
University's decision making
process at inaugration ceremonies
Tuesday.
Rita McKinney, told the
audience at the B.A. Auditorium
yesterday the power of decision
needs to be returned to the students
and faculty thus diminishing the
absolute decision-making
authority of the Board of Trustees.
"Once in a while, the student
eet Issue 1
'Until I can see some
I
explained. "Until I can see some
way for traffic to be moved in a
proper way, I would not be in favor
of it," he said.
Durham said there had been
other suggestions made con
cerning the closing of Green Street.
Among the suggestions, Durham
said, was building a bridge over
Green Street as has been done on
Pickens Street,
The survey Durham mentioned
is one proposed by Council to help
determine the effect on traffic flow
patterns a trial closing of Green
would have on the surrounding
routes such as Sumter and Pickens
streets.
Durham said the physical
Suit
JSc
will send his office material soon
and comment will be withheld at
least 10 days.
The pamphlet issued by the
insurance company has already be
ordered rewritten by Howard B.
Clark, South Carolina Chief In
surance Commisioner. Clark said
the clause excluding coverage of
student health center charges was
not adequately displayed.
y, Leventis
rovernanc
government cranks up enough
steam, is in the right office at the
right time and their input is heard.
However, myself and 20,000 other
students cannot accept that form of
student participation in w: At
should be an educational
democracy," McKinney said.
McKinney said she thought it
was time for the University to
"open up its decision making
process to more than just a
handful of top level administra
tors."
She explained that a change was
needed at the University and
See SGA, Page 5
r"
n Upcomni
way for traffic to be move
would not be in favor of it.
problem of moving vehicles
through and bodies across the
street was the main factor of the
issue. "There's got to be a way of
doing it without upsetting the
whole city," he said.
He explained that knowing
political people as he did, "to put
off (the Green Street issue) means
bury. "I am in favor of a trial
closing to determine the facts," he
said.
Durham also said, "A lot of
people feel a trial closing is just a
foot in the door, and I don't blame
them"
Stanback, a definite advocate of
a permanent closing of Green
Street, said, "I think, damn it, they
d '1w i j
c'.- g . :i .'FyQ
~ LMT t- 4.
It might not be Ocean Drive, but all th
decent place for one to sun himself. T
been usurprising in view of the state's si
perhaps the biggest surprise of all is tl
water in the reflection pool. Photo by K.
ig Council
H
bes
this
d in a proper way, 18is
att(
Coll
sail(
hun
F
favi
--William Durham -fa
to t
ought to close it". He said there pro
are 10 thousand people crossing the like
street every day and, in his clos
opinion, "Council should work for had
them.'' to ti
"This won't hurt Five Points one are,
durn bit," he said. "I hope you'll F
get your University advocates to prol
turn out." saic
Stanback said he did not un- und
derstand why the Green Street botI
closing caused a great deal of ope
controversy when there was 'NO Col.
WORD' 'at all" about the closing of hea
the 200 block of Bull Street, behind the
Bates House. pa
He said, "It wouldn't hurt top
close it (Green Street) from
Assembly Street up."
U
A ..
e same, it is water and a half
he recent warm weather has
range weather patterns. But
se fact that there actually is
Courtney Dicely
Election
e described the closing as "the
t thing to do." Stanback said
was in the best interest of the
to 20 thousand students who
nd the University.
To me, they're a part of
imbia," Stanback said. He
I he was for the closing,' one
dred per cent."
reeman said he would be in
)r of a trial closing if the
ts" are given.
My feeling is that I would want
ry it," he said.
e said the trial closing would
bably pass in a council vote. "It
my feeling that, more than
ly, we'll go for the trial
ing," he said. He added there
been some serious objections
le closing from the Five Points
a and residents.
reeman explained the
:edure for a trial closing. He
1 a traffic count would be made
er "normal" conditions with
i Pickens and Sumter streets
n to traffic. Then, he said,
incil would hold a public
ring to consider the results of
test and to show a proposed
i for re-routing traffic during
ee 'A nmDAES n-g -,