Austin v. SPECIALTY TRANSP. SERVICES
Decision Date | 29 March 2004 |
Docket Number | No. 3768.,3768. |
Court | South Carolina Court of Appeals |
Parties | Joseph Michael AUSTIN and Sandra Austin, Respondents, v. SPECIALTY TRANSPORTATION SERVICES, INC., Appellant. |
A. Todd Darwin, of Spartanburg, for Appellant.
Gene Adams and Robert E. Davis, of Spartanburg, for Respondents.
Joseph Michael Austin and Sandra Austin (collectively, "Respondents") brought an action against Specialty Transportation Services, Inc. (Appellant) and its employee, Walter Ray Bishop, in connection with an automobile accident. Respondents obtained an entry of default against Bishop and Appellant.1 The trial court awarded actual and punitive damages to Respondents. We affirm.2
On November 18, 1999, Respondents were seriously injured in an automobile accident when a tractor-trailer truck driven by Appellant's employee hit their vehicle. Respondents were traveling south on U.S. 29, and the truck was approaching U.S. 29 from an Interstate 85 exit ramp. A stop sign controlled the truck's lane of traffic. However, the driver of the truck failed to yield the right of way to Respondents' vehicle. The truck entered U.S. 29 and struck Respondents' vehicle.
Joseph was trapped in the vehicle for more than an hour. While Joseph was in the car, he was in tremendous pain, his leg was broken in such a way that it was resting between his left shoulder and cheek, and he feared he would burn to death. Joseph sustained injuries to his lower back, neck, right shoulder, right elbow, right leg, and right ankle. Joseph was hospitalized until December 1, 1999. During his hospitalization, Joseph had surgeries on his leg and received counseling for depression. Joseph underwent two additional surgeries after his release from the hospital and endured painful rehabilitation. Joseph described his injuries and resulting pain, including how they have altered his life:
Joseph's orthopedic surgeon, Dr. Michael Wayne Funderburk, estimates Joseph will require surgery on his knee every two to five years for the remainder of his life. Dr. Funderburk assessed a forty percent permanent impairment to Joseph's lower right extremity. Joseph has $170,010.62 in present and future medical bills. At trial, Dr. Funderburk discussed Joseph's present and future condition:
Sandra suffered injuries to her breast, right hand, and neck. She incurred $57,460.58 in liquidated actual damages. Sandra detailed her injuries:
Basically I had a large bruise over my...
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