Benjamin v. Shaw
Decision Date | 28 July 2017 |
Docket Number | Civil Action No.: 4:15-cv-05110-RBH |
Court | U.S. District Court — District of South Carolina |
Parties | Georgeanna Benjamin, as Guardian ad Litem for Curtis Dolford, Plaintiff, v. Adrian Shaw, Defendant. |
Plaintiff Georgeanna Benjamin brings this negligence action on behalf of her son, Curtis Dolford, against Defendant Adrian Shaw seeking actual and punitive damages for injuries that Mr. Dolford sustained in a motor vehicle accident. The matter is before the Court following a bench trial held on June 27, 2017.1 The sole evidence presented at trial was the testimony of Ms. Benjamin and nine stipulated exhibits. Defendant2 did not dispute liability,3 but did dispute the amount of actualdamages and Plaintiff's entitlement to punitive damages. Having considered the evidence and the parties' arguments, the Court issues the following Findings of Fact and Conclusions of Law pursuant to Rule 52(a) of the Federal Rules of Civil Procedure. To the extent that any findings of fact constitute conclusions of law, or vice-versa, they shall be so regarded.
Initially, the Court notes that after Plaintiff rested her case, Defendant moved for nonsuit and directed verdict.4 First, Defendant moved for judgment based on the same grounds argued in his summary judgment motion and also based on the Eighth Defense raised in his answer, which asserted res judicata/estoppel by prior judgment. The Court denies this motion for the same reasons explained in its order denying Defendant's motion for summary judgment. See ECF No. 44. That order thoroughly summarizes the procedural history of this case, Defendant's arguments, and the Court's legal conclusions.5
Second, Defendant moved for judgment on the issue of punitive damages. The Court took this matter under advisement and now denies the motion, as explained below in the Conclusions of Law section.
1. Plaintiff Georgeanna Benjamin ("Ms. Benjamin" or "Plaintiff") is a citizen and resident of Darlington County, South Carolina. [Amended Complaint (ECF No. 23) at ¶ 1; Answer (ECF No. 24) at ¶ 1]
2. Curtis Dolford ("Mr. Dolford") is a citizen and resident of Darlington County, South Carolina, and is legally incompetent, thereby necessitating the appointment of a guardian ad litem. [Am. Compl. at ¶ 2; Answer at ¶ 2; Order on Petition to Appoint Guardian ad Litem (ECF No. 19)]
3. Ms. Benjamin was appointed as the guardian ad litem for Mr. Dolford. [Am. Compl. at ¶ 3; Answer at ¶ 3; Order on Petition to Appoint Guardian ad Litem]6
4. Defendant Adrian Shaw ("Defendant Shaw" or "Defendant") is a citizen and resident of North Carolina. [Am. Compl. at ¶ 4; Answer at ¶ 4]
5. The automobile collision that is the subject of this action occurred in Darlington County, South Carolina. [Am. Compl. at ¶ 5; Answer at ¶ 5]
6. On January 31, 2013, Defendant Shaw was driving north on U.S. Highway 17 in a 1999 Mack dump truck with VIN #1M2AD62C3XW007692 and North Carolina License Plate #LR9702. [Am. Compl. at ¶ 7; Answer at ¶ 7].
7. On January 31, 2013, Mr. Dolford was lawfully traveling south on U.S. Highway 17 in a 1989 Lincoln Sedan driven and owned by Brent O'Neal. [Am. Compl. at ¶ 8; Answer at ¶ 8]
8. On January 31, 2013, while traveling on U.S. Highway 17, Defendant Shaw swerved to avoid a vehicle, crossed the centerline, and struck the vehicle carrying Mr. Dolford. [Am. Compl. at ¶ 9; Answer at ¶¶ 9, 11].
9. Mr. Dolford was injured as a direct and proximate result of Defendant Shaw's vehicle striking the vehicle carrying Mr. Dolford. [Am. Compl. at ¶¶ 11-14; Answer at ¶¶ 11-12]
II. Stipulated Exhibits
11. Ms. Benjamin was the sole witness at trial. The Court observed her demeanor and finds her testimony wholly credible and believable.
12. Ms. Benjamin testified she is Mr. Dolford's mother and legal guardian, now provides care for him, and now handles all of his financial and legal affairs.
13. Ms. Benjamin testified she first learned about the accident from her cousin while she was keeping her grandchildren. She arrived at the accident scene just as Mr. Dolford was being airlifted via helicopter to the hospital.7 Mr. Dolford was in a coma for five weeks while in thehospital in Columbia, South Carolina.
14. Ms. Benjamin testified about her personal knowledge and observations of Mr. Dolford's physical and mental condition before and after the accident, and her testimony can be summarized as follows:
15. Ms. Benjamin testified that since the accident Mr. Dolford has regularly seen Dr. Crickman every three months for checkups, and that her daughter-in-law takes him to these visits. Ms. Benjamin has looked into hiring a home health nurse, but she cannot pay twenty dollars per hour for a nurse. For a period of time, Ms. Benjamin's daughter-in-law was able to take Mr. Dolford to physical therapy appointments, which cost forty dollars each time, but Ms. Benjamin cannot afford this cost. The last time Mr. Dolford went to physical therapy was in 2013.
16. Ms. Benjamin testified that she is seventy-seven years old and that she would like Mr. Dolford to receive regular physical therapy and have someone come to the house to help care for him.
17. During the trial, the Court had the opportunity to observe Mr. Dolford. He was seated in a wheelchair and was looking down much of the time.
18. Mr. Dolford's statistical life expectancy is 37.39 years based on his current age of 41 according to the South Carolina Life Expectancy Tables. See S.C. Code Ann. § 19-1-150 (2014).
19. The Court finds Plaintiff has met her burden of proof regarding entitlement to a substantialaward of actual/compensatory damages. The Court finds Mr. Dolford has incurred necessary and substantial past medical expenses exceeding $775,000 as a result of the injuries received during this accident due to Defendant Shaw's negligence. The Court further finds Mr. Dolford suffered both physical and mental injuries and limitations. The Court further finds that some of his injuries are permanent in nature based on his mother's testimony; that he has suffered past physical and...
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