Creed v. City of Columbia

Decision Date11 December 1992
Docket NumberNo. 23790,23790
CourtSouth Carolina Supreme Court
PartiesAnn CREED and Ronald J. Geiss, Respondents, v. CITY OF COLUMBIA, Appellant. . Heard

Kenneth E. Gaines, Columbia, for appellant.

Deborah R.J. Shupe and James A. Merritt, Jr., Columbia, for respondents.

TOAL, Justice:

In this action, the plaintiff, Geiss, was driving Creed's automobile when he was struck by a Columbia police officer. From a jury award for the plaintiffs, the City appeals the admission of evidence of the police officer's conduct immediately after the accident and expert witness testimony related to Geiss' emotional and mental injuries. We affirm.

Police Officer's Conduct

Geiss' automobile was struck by a City of Columbia police vehicle driven by Turner, a police officer. Geiss was seriously injured. Geiss and several witnesses testified that immediately after the accident, Geiss was shivering and bleeding from a gash on his head. As the witnesses attempted to apply pressure to the wound and to cover Geiss, Turner abrasively interceded and tried to prevent them from offering aid. The witnesses argued with Turner. Geiss testified he was conscious enough to be aware of this altercation and was frightened that Turner would succeed in preventing the witnesses from helping him. The City objected to this evidence as being irrelevant.

The admission of evidence is a matter addressed to the sound discretion of the trial judge. Absent clear abuse of discretion amounting to an error of law, the trial court's ruling will not be disturbed on appeal. Hofer v. St. Clair, 298 S.C. 503, 381 S.E.2d 736 (1989). This evidence was admitted, not to show a separate act of negligence, but on the issue of damages. The South Carolina Tort Claims Act expressly provides for the recovery of damages for pain, suffering, and mental anguish, and any other actual damages recoverable in actions for negligence. S.C.Code Ann. § 15-78-30 (1992). Geiss pled emotional injuries as a direct result of Turner's negligence in causing the collision; thus, this evidence was admissible on the issue of Geiss' emotional injuries.

Expert Witness Testimony

A general practitioner, Dr. Yates, testified he examined Geiss twice after the accident. Dr. Yates sent Geiss to a neuropsychologist for evaluation of his mental and emotional symptoms. Dr. Yates opined Geiss suffered some emotional injuries, including exacerbation of manic depression and a decrease in his cognitive functioning. According to Dr. Yates, the emotional exacerbation was temporary, but the intellectual impairment would be partially permanent. Dr. Yates further testified that a comparison of Geiss' junior high school record I.Q. test and an I.Q. test performed by the neuropsychologist indicated that Geiss' I.Q. had dropped 15 points as the result of the accident.

The City objected to this testimony on the grounds that the physician, as a general practitioner, was not qualified to give his opinion on Geiss' mental and emotional injuries as he was not a neurologist or psychologist. The qualification of a witness as an expert and admissibility of his testimony are matters largely within the discretion of the trial judge. South Carolina Dept. of Highways and Public Transportation v. Manning, 283 S.C. 394, 323 S.E.2d 775 (1984). A physician is not incompetent to testify merely because he is not a specialist in the particular branch of his profession...

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    • United States
    • South Carolina Court of Appeals
    • February 28, 2000
    ...Ellis v. Oliver, 323 S.C. 121, 473 S.E.2d 793 (1996); State v. Franklin, 318 S.C. 47, 456 S.E.2d 357 (1995); Creed v. City of Columbia, 310 S.C. 342, 426 S.E.2d 785 (1993); James v. Lister, 331 S.C. 277, 500 S.E.2d 198 (Ct.App.1998), cert. denied, March 5, 1999; Halbersberg v. Berry, 302 S.......
  • Payton v. Kearse
    • United States
    • South Carolina Supreme Court
    • October 2, 1996
    ...trial judge; however, the exercise of this discretion will be reversed where an abuse of discretion has occurred. Creed v. City of Columbia, 310 S.C. 342, 426 S.E.2d 785 (1993). Before expert medical testimony is admissible on the question of causation between the plaintiff's injuries and t......
  • Fields v. REGIONAL MEDICAL CTR. ORANGEBURG
    • United States
    • South Carolina Supreme Court
    • February 14, 2005
    ...an expert merely because he is not a specialist in the particular branch of his profession involved in the case. Creed v. City of Columbia, 310 S.C. 342, 426 S.E.2d 785 (1993). The fact that the physician is not a specialist in the particular area affects only the weight of the witness's te......
  • Fields v. REGIONAL MED. CENTER ORANGEBURG
    • United States
    • South Carolina Court of Appeals
    • April 14, 2003
    ...an expert merely because he is not a specialist in the particular branch of his profession involved in the case. Creed v. City of Columbia, 310 S.C. 342, 426 S.E.2d 785 (1993). The fact that the physician is not a specialist in the particular area affects only the weight of the witness's te......
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