Hamilton v. R & L TRANSFER, INC.

• Decision Date: 18 October 2004
• Docket Number: No. 3876.,3876.
• Citation: Hamilton v. R & L TRANSFER, INC., 361 S.C. 286, 604 S.E.2d 397 (S.C. App. 2004)
• Court: South Carolina Court of Appeals
• Parties: Melissa D. HAMILTON a/k/a Melissa Dawn Hamilton, Respondent, v. R & L TRANSFER, INC., Appellant.

361 S.C. 286

604 S.E.2d 397

Melissa D. HAMILTON a/k/a Melissa Dawn Hamilton, Respondent, v. R & L TRANSFER, INC., Appellant.

No. 3876.

Court of Appeals of South Carolina.

Heard September 15, 2004.

Decided October 18, 2004.

William A. Bryan, Jr. and Christian Stegmaier, both of Columbia, for Appellant.

Edward C. Boggs and S. Murry Kinard, both of Lexington, for Respondent.

STILWELL, J.:

Melissa D. Hamilton brought this action against R & L Transfer, Inc., alleging the negligence of an R & L Transfer employee caused a collision resulting in her injuries. The trial judge directed a verdict for Hamilton on liability, and the jury awarded damages to her. R & L appeals. We affirm in part, reverse in part, and remand.

FACTS

This action arises out of an automobile accident that occurred in Lexington County on the morning of February 24, 1999. Hamilton was driving to work on Interstate 20, traveling towards Columbia. It was snowing and the snow was beginning to accumulate on the road. Hamilton crossed over an icy bridge, causing her to lose control of her vehicle and slide into the median. After her car stopped in the median, Hamilton got out of her car and walked over to another disabled motorist in the median who had also lost control of his vehicle. As Hamilton walked over to the other vehicle in the median, a car driven by Kim Wright also lost control while crossing the icy bridge. Wright's vehicle made a 360-degree spin in the left-hand lane but remained on the highway.

Daniel G. Bishop, an employee with R & L Transfer, was driving an eighteen-wheeler and traveling behind Wright. Bishop crossed over the ice-covered bridge without losing control. However, as he crossed over the bridge, Bishop saw Wright lose control of her vehicle. Bishop testified he had approximately one second to react when he first noticed Wright's car out of control. Attempting to avoid a collision with Wright's vehicle, Bishop slowed and hugged the yellow line closest to the median. However, Bishop and Wright collided, forcing Bishop to veer the eighteen-wheeler into the median where Hamilton stood outside her stranded vehicle. Although Bishop was not aware of a collision between his truck and Hamilton's vehicle, his truck hit Hamilton's car, causing her car to leave the ground and land on her left leg, pinning her underneath the car for several minutes. Hamilton did not suffer any broken bones, but did sustain muscle injury and missed a week and a half of work.

Hamilton brought this action against R & L Transfer alleging Bishop negligently collided with her car. R & L Transfer answered and filed a third-party complaint for equitable indemnification and negligence against Wright. The circuit court granted Wright's motion to dismiss the third-party complaint. R & L Transfer made a motion for summary judgment which was denied. At the conclusion of Hamilton's case, R & L Transfer sought a directed verdict, which was denied. At the close of R & L Transfer's case, Hamilton moved for a directed verdict on the issue of liability. The trial judge granted the motion and submitted the issue of damages to the jury. The jury awarded Hamilton $30,000 in actual damages and $20,000 in punitive damages. Hamilton was also awarded court costs.

R & L Transfer filed motions for judgment notwithstanding the verdict, a new trial based on the thirteenth juror doctrine, new trial absolute, new trial nisi remittitur, and new trial based on prejudicial remarks by the trial court. The trial court denied each motion.

LAW/ANALYSIS

R & L Transfer argues the trial court erred in granting a directed verdict in Hamilton's favor on the issue of liability. We agree.

We find the trial court erred in granting Hamilton's motion for a directed verdict because the issue of R & L Transfer's negligence was an issue for the jury. When ruling on a motion for directed verdict, the court is required to view the evidence and all reasonable inferences in the light most favorable to the nonmoving party. Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 611, 518 S.E.2d 591, 597 (1999). "If more than one reasonable inference can be drawn from the evidence, the case must be submitted to the jury." Mullinax v. J.M. Brown Amusement Co., 333 S.C. 89, 92, 508 S.E.2d 848, 849 (1998). In order to prove R & L Transfer's negligence, it was essential for Hamilton to establish the following: (1) a duty of care owed by R & L Transfer to Hamilton, (2) breach of that duty, and (3) damages to Hamilton proximately resulting from the breach. Thomasko v. Poole, 349 S.C. 7, 11, 561...