Bergstrom v. Palmetto Health Alliance
| Citation | 352 S.C. 221,573 S.E.2d 805 |
| Decision Date | 30 September 2002 |
| Docket Number | No. 3552.,3552. |
| Court | South Carolina Court of Appeals |
| Parties | Tamera Jean BERGSTROM, Appellant, v. PALMETTO HEALTH ALLIANCE d/b/a Palmetto Baptist Medical Center of Columbia and d/b/a Baptist Medical Center, Respondent. |
William Isaac Diggs, of Myrtle Beach, for Appellant.
William L. Pope, of Columbia, for Respondent.
Tamera Bergstrom sued Palmetto Health Alliance ("the hospital") alleging the hospital was negligent and committed the tort of intentional infliction of emotional distress regarding her purported adoption in 1979. The hospital moved to dismiss the claims and filed a motion to cap the hospital's liability at $100,000. The Circuit Court granted the hospital's motion to dismiss the intentional infliction of emotional distress claim and the motion to cap damages to $100,000. The Circuit Court denied the hospital's motion to dismiss the negligence claim.
At trial, the hospital moved for directed verdict on the negligence claim at the close of the presentation of Bergstrom's evidence. The Circuit Court granted the directed verdict motion. Bergstrom appeals the grant of the hospital's motions for: (1) directed verdict on the negligence claim; (2) dismissal of the intentional infliction of emotional distress claim; and (3) limitation on the hospital's liability to $100,000. We affirm.
Tamera Bergstrom was born on November 16, 1979, at Baptist Medical Center in Columbia. In early 1979, Debbie Daly,1 Bergstrom's natural mother, became pregnant. Daly was seventeen years old, unmarried, and living at Murrells Inlet. Daly discussed her predicament with a coworker who introduced her to Mary Andrews, the coworker's mother. After speaking with Andrews, Daly began considering placing the baby for adoption. When Daly was six and one-half months into her pregnancy, she visited Andrews in Columbia and lived with her for one week.
During the week Daly lived with Andrews, Andrews took Daly to meet with attorney Joel Padgett where they discussed placing the baby for adoption. Daly did not remember signing any adoption papers at this meeting. Padgett suggested Daly move in with Claire Wilson. Wilson allowed Daly to stay with her in her home rent and expense free until Daly went to the hospital to deliver the baby. While living with Wilson, Daly was told the baby was to be adopted by a hospital administrator and his wife, who was a nurse. Daly was informed that this couple had already adopted three children and would be good parents for the baby.
Daly went to Baptist Medical Center to deliver the baby. Daly testified that the choice of hospital and medical doctors was arranged by Padgett and she had no input in the decision. She stated she never discussed adoption with any of the doctors prior to going to the hospital to deliver the baby. Daly delivered Bergstrom at 7:57 p.m. She was administered anesthesia in the delivery room. Daly never saw Bergstrom.
The hospital had procedures in place at the time to govern the conduct of hospital employees in adoption situations. These policies read:
On the day following Bergstrom's birth, Daly began to have second thoughts about placing Bergstrom for adoption. On the third day after the delivery, the day Daly was to leave the hospital, she decided she wanted to see Bergstrom. When Daly asked whether she could see the baby, the nurse responded, "[a]re you the adopting parent?" When Daly answered no, the nurse told her "the baby was being placed up for adoption and that [she] couldn't see the child."
Daly returned to her room and began crying. When Wilson arrived to pick Daly up, she asked why Daly was crying. Daly told her the hospital would not let her see the baby and that she did not want to give the baby up for adoption. Wilson told Daly there was nothing Daly could do at that point, the papers had already been signed, and the adoption was final. Daly testified that, during the length of her stay at the hospital, none of the hospital staff came and spoke with her about the adoption. Daly stated Wilson told her she needed to sign a release form before she left the hospital. As Daly was leaving the hospital, she signed the form, which provided:
After signing the form, Daly left the hospital and stayed with Wilson for three weeks before returning to Murrells Inlet. Daly did not see Bergstrom before leaving.
Padgett's initial plan to have the baby adopted by the hospital administrator fell through and he began to look for someone to adopt her. He found the Bergstroms. Padgett did not file adoption papers and the Bergstroms never obtained legal custody of the baby. Bergstrom declared that she lived in an R.V. with the Bergstroms and their two other children. They moved from campground to campground in various states. The Colorado state authorities placed Bergstrom in protective custody when she was eleven years old because Mrs. Bergstrom's boyfriend had taken nude photographs of her. When Bergstrom was fourteen, Colorado authorities found that her birth certificate had been fraudulently altered and referred the case to South Carolina authorities to investigate. Detective David Cribb began investigating the birth certificate and found that Daly was Bergstrom's natural mother. After conducting DNA tests to verify that Daly was the mother, the Colorado authorities released Bergstrom to Daly's custody when Bergstrom was fifteen years old.
Bergstrom filed suit against the hospital seeking to recover damages under theories of negligence and intentional infliction of emotional distress. The hospital filed a Rule 12, SCRCP motion to dismiss the claims. The Circuit Court granted the hospital's motion to dismiss the intentional infliction of emotional distress cause of action, denied the motion to dismiss the negligence claim, and found that any recovery available to Bergstrom was limited to $100,000 pursuant to S.C.Code Ann. § 44-7-50. During the trial, the Circuit Court granted the hospital's directed verdict motion on the negligence claim.
Bergstrom argues the Circuit Court erred when it granted the hospital's directed verdict motion on her negligence claim. We disagree.
When reviewing a grant of directed verdict, this Court must determine whether a verdict for the nonmoving party would have been reasonably possible under the facts of the case. Hanahan v. Simpson, 326 S.C. 140, 485 S.E.2d 903 (1997). This Court should view the evidence and all the reasonable inferences drawn from the evidence in the light most favorable to the nonmoving party but must also consider facts which are unfavorable to the nonmoving party. Love v. Gamble, 316 S.C. 203, 448 S.E.2d 876 (Ct.App.1994). The issue must be submitted to a jury whenever there is material evidence tending to establish the issue in the mind of a reasonable juror. Hanahan, 326 S.C. at 149,485 S.E.2d at 908. However, this rule does not authorize submission of speculative, theoretical and hypothetical views to the jury. Id. When only one reasonable inference can be deduced from the evidence, the question becomes one of law for the court. Id.
In order to establish a claim for negligence, the plaintiff must prove the following elements: (1) a duty of care owed by the defendant to the plaintiff; (2) a breach of that duty by the defendant's negligent act or omission; (3) resulting in damages to the plaintiff; and (4) the damages proximately resulted from the breach of duty. Thomasko v. Poole, 349 S.C. 7, 561 S.E.2d 597 (2002). An essential element in a cause of action for negligence is the existence of a legal duty of care owed by the defendant to the plaintiff. Bishop v. South Carolina Dep't of Mental Health, 331 S.C. 79, 502 S.E.2d 78 (1998).
Bergstrom contends the hospital policies governing adoptions created a special...
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