Bloom v. Ravoira, No. 25092.

• Court: United States State Supreme Court of South Carolina
• Writing for the Court: WALLER, Justice
• Citation: 529 S.E.2d 710,339 S.C. 417
• Decision Date: 20 March 2000
• Docket Number: No. 25092.
• Parties: Marc J. BLOOM, Respondent, v. James RAVOIRA, Petitioner.

339 S.C. 417
529 S.E.2d 710

Marc J. BLOOM, Respondent,
v.
James RAVOIRA, Petitioner

No. 25092.

Supreme Court of South Carolina.

Heard February 3, 2000.

Decided March 20, 2000.

339 S.C. 419

James E. Lady, Todd W. Smyth, both of Haynsworth, Marion, McKay & Guerard, L.L.P., of Charleston, for petitioner

Edward K. Pritchard, III, of Sinkler & Boyd, P.A., of Charleston, for respondent.

WALLER, Justice:

This is a negligence action arising out of an accident involving an automobile and a pedestrian. The trial court granted summary judgment in favor of petitioner James Ravoira, the driver of the automobile. Respondent Marc Bloom appealed, and the Court of Appeals reversed. We granted a writ of certiorari to review the Court of Appeals' opinion. See Bloom v. Ravoira, Op. No. 98-UP-416 (S.C.Ct.App. filed Dec. 17, 1998). We reverse.

FACTS

The accident occurred on Meeting Street in Charleston at approximately 6:30 p.m. on December 23, 1994. There was a misty rain falling at the time. Both Ravoira and Bloom were

339 S.C. 420

visiting Charleston. Bloom was staying at the Meeting Street Inn (the Inn), located on Meeting Street between Market and Cumberland Streets. At both ends of this block of Meeting Street, there are crosswalks, traffic lights, and walk/don't walk signals

The parties deposed several witnesses. In his deposition, Bloom testified that he was in the lobby of the Inn waiting for his mother and girlfriend to come downstairs to go to dinner. Bloom was wearing jeans and a navy-colored overcoat. He explained that his car was parked in a lot directly across the street from the Inn and he was going to put a gift—a taxidermically stuffed, mounted pig—inside the car. According to Bloom, he exited the Inn and was going to cross the street. He looked to the left and then to the right. As he began to cross the street, he was struck from his left by Ravoira's car. Bloom stated that it happened fast and he never saw the car that struck him. He sustained injuries to his lower right leg and left hip.

Ravoira testified that at the time of the accident, he and his wife were driving along Meeting Street on their way to a restaurant located on Queen Street. Ravoira had his lights and windshield wipers on, and he estimated that he was traveling approximately 20 m.p.h. Ravoira explained that he was traveling slowly because his wife was looking for Queen Street. He stopped at the traffic light at Market Street. When the light turned green, Ravoira pulled forward, heard his wife yell his name, and saw something out of his peripheral vision. Then he heard a thud. After a pause, the car's windshield shattered.

Ravoira's wife Lowanda was in the passenger seat of the car and was looking for Queen Street. Lowanda testified that from the corner of her eye, she saw a person carrying something come toward her passenger window. She called out her husband's name. She testified that the car stopped almost simultaneously with the impact and then the windshield broke.

Helena Mariella-Walrond, a guest at the Inn, testified that she was in the lobby at the time of the accident enjoying the Inn's complimentary wine and cheese hour. Helena explained that she noticed when Bloom entered the lobby because of the

339 S.C. 421

stuffed pig he was carrying under his arm. Helena saw Bloom get a beer and then soon after leave the lobby. According to Helena, Bloom hesitated for "a split second" and then ran across the street. Helena heard a "thump" and stated that she knew Bloom had been hit by a car. Helena also testified that when Bloom entered the street, he went in between two parked vehicles and the vehicle on Bloom's left was a sport utility vehicle

John and Margaret Simpson were in the car traveling behind Ravoira. Margaret stated that Ravoira was traveling within the speed limit, and John estimated Ravoira's speed to be 25 m.p.h. Both John and Margaret testified that they did not notice any reckless driving by Ravoira. Both also stated that they did not see Bloom at all before the accident. Margaret testified that Ravoira's car "veered just a little," and they had to stop because the Ravoiras had stopped. Margaret then saw Bloom fall into the street. According to Margaret, there were cars parked in front of the Inn and therefore, Bloom must have entered the street from between parked cars or in front of a parked car.

Ravoira moved for summary judgment, and the trial court granted the motion. The trial court found that even if Ravoira was in some way negligent, no reasonable jury could find that Ravoira's negligence equaled, or was greater than, Bloom's negligence. On appeal, the Court of Appeals reversed holding that there were questions of material fact which precluded summary judgment.

ISSUE

Did the Court of Appeals err in reversing the trial court's grant of summary judgment?

DISCUSSION

Ravoira argues that no reasonable jury could find that Bloom's negligence was not greater than any negligence on the part of Ravoira. We agree.

...