Adams v. Hunter

• Decision Date: 21 June 1972
• Docket Number: Civ. A. No. 71-433.
• Citation: 343 F. Supp. 1284
• Parties: Vincent D. ADAMS, as Administrator of the Estate of Vincent Darrel Adams, Jr., Deceased, Plaintiff, v. William Carrol HUNTER, Defendant.
• Court: U.S. District Court — District of South Carolina

343 F. Supp. 1284

Vincent D. ADAMS, as Administrator of the Estate of Vincent Darrel Adams, Jr., Deceased, Plaintiff, v. William Carrol HUNTER, Defendant.

Civ. A. No. 71-433.

United States District Court, D. South Carolina, Charleston Division.

Argued June 19, 1972.

Decided June 21, 1972.

Robert B. Wallace, J. Kenneth Rentiers, and O. Eugene Savedge, Charleston, S. C., for plaintiff.

Robert A. Patterson, of Barnwell, Whaley, Stevenson & Patterson, Charleston, S. C., for defendant.

HEMPHILL, District Judge.

This is an action seeking damages for the death of Vincent Darrel Adams, Jr. (hereafter often referred to as Darrel), as a result of injuries received in an automobile collision on April 7, 1970. This action is brought pursuant to Title 10, Section 1951-56¹, of the Code of Laws for South Carolina, 1962, known as the Wrongful Death Statute of South Carolina. This action was commenced by the Administrator, a resident of South Carolina, for the benefit of Vincent D. Adams, Sr. and Mary M. Adams, the parents of the deceased. The defendant is a resident of the State of Florida. The court has jurisdiction² by virtue of diversity of citizenship, and a bona fide demand in excess of diversity minimum ($10,000.00).

The Complaint alleges that the deceased died as a result of the negligence, carelessness and recklessness of the defendant in the operation of a motor vehicle on U.S. Highway 17 situate in the County of Charleston, just east of the Cooper River Bridge and west of the Town of Mount Pleasant.

By his Answer, defendant denied the material allegations of the Complaint and alleged contributory negligence and recklessness on the part of the deceased who was driving the motor vehicle which collided with the defendant.

At the trial of the case on June 19, 1972, before the court, without a jury, the defendant admitted liability for actual damages, leaving the only issues to be determined by this court to be the amount of actual damages, and liability for as well as the amount of punitive damages.

Counsel, at trial, also stipulated that Darrel Adams, Jr., died as a result of the collision of April 7, 1970. Other stipulations were to the effect that defendant, a 51-year old male, driving a 1971 Dodge Coronet, which he had rented from Avis Rentals, was given a blood-alcohol test³; if the physician who was present and performed the test were to testify he would testify that there were 14.2 one-hundredths of one percent, by weight, of alcohol in defendant's blood according to the test.⁴ On January 11, 1971, the defendant having been at the December, 1970 term of General Sessions Court for Charleston County, S. C., indicted for (1) involuntary manslaughter and (2) reckless homicide, did thereafter on the 11th day of January 1971 appear in person before that court and enter a plea of guilty to involuntary manslaughter.

The plaintiff presented several witnesses and numerous exhibits. The defense did not offer any evidence, but made certain admissions.

Upon the credible testimony, the exhibits, and the admissions, the court publishes the following:

FINDINGS OF FACT

1. Darrel Adams, Jr., at the time of his death on April 7, 1970, was nineteen (19) years of age, having been born on February 7, 1951. He was a senior at Moultrie High School and had been accepted at The Citadel as a college student for the September, 1970 term. His sole beneficiaries under the Wrongful Death Statute of South Carolina are his mother and father, for whose benefit the action was brought. Deceased was not married and had no other dependents. Surviving are a younger brother, and two sisters, the older married, a younger single.

2. Darrel Adams, Jr., was an unusual young man. The evidence shows him to have had all of the attributes of a "dutiful son", and a joy to his mother and father, for whom he had great affection, and each had great affection for him. He was bright, friendly, productional and personable. The evidence shows that he was not only attentive to their wants and their needs, but especially generous on the occasion of their birthdays and other like anniversaries. He was obedient, respectful, devoted and unusually helpful to his father. He was an active figure in a closely knit family. He performed well in his school work; he had what is known as senior privileges, the privilege of leaving school during the lunch hour every day, if he wished. The uncontradicted testimony is that he worked with his father after school and during vacations. Almost every school day, during his lunch period, or at other times, he would stop by the real estate office in Mount Pleasant where his mother was employed on a casual basis, to visit with her and express his interest in and attention to her. Out of his own funds he provided for his own clothing, his automobile, transportation and many other necessaries of life. His parents provided his board and lodging. He had previously been an acolyte in the Episcopal church in which he had been confirmed. He attended church regularly, and had been active in the Boy Scouts of America.

3. Deceased, while a fulltime student, earned $1968.25 in 1968, $2100.50 in 1969, and between January 1st, 1970, and the time of his demise, April 7, 1970, had earned $468.62 while working after school. He had not earned as much during this period of 1970 by virtue of the fact that he was participating in the sport of wrestling in the high school which he attended. He was a senior student at Moultrie High School in Mount Pleasant, South Carolina.

4. Not only did the young man observe unique relationships with his mother, but he also had an unusual relationship with his father. Mr. Adams, Sr., although a licensed engineer, left the engineering field to engage in and purchase his own business, Charleston Yacht Sales, for the purpose of assembling, displaying, selling and enjoying the use of sailing yachts. This became a family venture, both economically and for pleasure. At a very early age, Darrel became an intricate part of this business. The uncontradicted testimony that he was qualified and experienced as a scuba diver, was qualified and experienced in the operation and repair of all boats, motorized and sailing vessels, used in the business of his father and was qualified to commission and to prepare boats for display and sales. He planned and was fully prepared to go into fulltime business operation with his father as an equal partner. His expected compensation⁵ after he reached maturity, could not be considered in this case, but the expectation of the father, of the enjoyment of his son as an associate over the period of years, can well be considered in endeavoring to properly measure the loss to a father of a son as close to him as this young man was to his father.

5. U. S. Highway 17 is the originally all-purpose route from Charleston, South Carolina, to Georgetown, South Carolina. At the time of the accident in question, it was a four-lane highway, stretching from the intersection of the road to Sullivan's Island and the Isle of Palms on the east to the Cooper River bridge approach on the west. Between the bridge over Shem Creek, and Mount Pleasant, and the Cooper River bridge, the highway is four lanes, and at the scene of the accident, an intersection of Highway 17 and Mathis Ferry Road is on the northside of Highway 17 and a Gate Service Station is on the south side of the artery.

6. On the fatal day in question, Darrel Adams, Jr., and a friend of many years, by the name of Charles Northcutt, took the senior privileges during the lunch hour at Moultrie High School in Mount Pleasant, South Carolina. They left the school grounds in a Volkswagen bus, which Darrel had purchased with his own money. The first stop, approximately 12:15 or 12:20 was at Darrel's mother's office, a real estate office on U. S. Highway 17. After spending 5 or 10 minutes with his mother, he left in his Volkswagen headed westward enroute to the Highway Marine Shop, which would entail crossing the Cooper River bridge and going into or about Charleston. He was in his proper lane of traffic; there is no testimony but that he was driving carefully and within normal speed limits. He was in the inside lane where he had every right to be. Northcutt testified he noticed a Dodge 1971 Coronet at the Gate Service Station which also was on the south side of Highway 17 contiguous thereto, which would be on the left side of young Adams as he drove toward Charleston. When Northcutt saw the car it was parked in the exit ready to enter the highway, with the front wheels in the gutter.

7. As young Adams' Volkswagen reached the point opposite the Gate Service Station, the 1971 Dodge shot out from the Gate Service Station and ran onto and into collision with the Volkswagen. Northcutt was thrown out of the vehicle, and, presumably Adams was too. Adams died as a result of the injuries sustained in the collision.

8. At the time of his death Adams was in good health and spirits and had a life expectancy of 51.28 years under Section 26-12⁶ Code of Laws for the State of South Carolina. There is nothing to show other than he would have lived for most of that period of time.

9. The gross negligence, willfulness, and wantonness of defendant is apparent on the face of the record. Under the statute⁷ he is presumed to have been intoxicated as evidenced by the alcohol in his blood shortly after the accident. He failed to yield the right-of-way. His driving gave every evidence of recklessness. It takes no clairvoyance to vision his reckless dash onto the highway into the path of the deceased's Volkswagen.

10. Defendant has formally admitted liability, and has withdrawn his affirmative defense of contributory negligence and recklessness. It remains for this court to make a determination of the extent of that liability, the amount of damages.

11. This collision resulted when the defendant attempted to leave a service station on the southside of Highway 17, a...