Crolley v. Hutchins

• Decision Date: 12 December 1989
• Docket Number: No. 1442,1442
• Citation: 387 S.E.2d 716,300 S.C. 355
• Court: South Carolina Court of Appeals
• Parties: Ex Parte Janice B. CROLLEY, as Guardian ad Litem, In Re Robert B. Crolley, Appellant, v. Ed HUTCHINS d/b/a Willoughby's, Respondent. . Heard

Page 716

387 S.E.2d 716

300 S.C. 355

Ex Parte Janice B. CROLLEY, as Guardian ad Litem, In Re Robert B. Crolley, Appellant, v.Ed HUTCHINS d/b/a Willoughby's, Respondent.

No. 1442.

Court of Appeals of South Carolina.

Heard Dec. 12, 1989.

Decided Dec. 18, 1989.

Carolyn B. Steigner, of Hendrix & Steigner, Lexington, and Donald E. Jonas, of Jonas & Wiggins, Columbia, for appellant.

Mikell R. Scarborough, of Kennedy, Price & Dial, Columbia, for respondent.

BELL, Judge:

This is an action in negligence.Robert B. Crolley through his guardian ad litem, Janice B. Crolley, brought suit against Ed Hutchins seeking to recover damages for personal injuries sustained when Crolley attempted suicide.The circuit court granted Hutchins's motion for summary judgment.Crolley appeals.We affirm.

On November 21, 1986, at about 6:00 p.m., Crolley entered a bar known as Willoughby's.Between 6:00 p.m. and 8:00 p.m., he ordered and Hutchins served him at least four alcoholic drinks.It is inferable that he continued to drink after 8:00 p.m.About 9:00 p.m., Crolley ordered another drink.Hutchins refused to serve him because he appeared to be intoxicated.When Hutchins asked Crolley to pay his bill, he refused.Hutchins eventually called the Forest Acres Police, who arrested Crolley for disorderly conduct and removed him from the bar to the Richland County Detention Center at about 10:30 p.m.The police incident report indicates Crolley was too intoxicated to be fingerprinted at that time.

At about 2:00 a.m. on November 22, 1986, Crolley attempted to commit suicide by hanging himself in his cell.As a result, he suffered brain damage.The police transported Crolley to a hospital.A blood alcohol test performed there showed Crolley's blood alcohol level was .272% at approximately 2:30 a.m.A person is considered legally intoxicated with a blood alcohol level of .10%. SeeSection 56-5-2950(b) of the Code of Laws of South Carolina, 1976, as amended.

In order to recover in a negligence action, the plaintiff must show (1) a duty of care owed by the defendant to the plaintiff; (2) a breach of that duty by a negligent act or omission; and (3) damage proximately resulting from the breach.South Carolina Insurance Company v. James C. Greene & Co., 290 S.C. 171, 348 S.E.2d 617(Ct.App.1986).Crolley argues that Hutchins was negligent per se because he violated Section 61-5-30, Code of Laws of South Carolina, 1976, as amended, which prohibits the sale of alcohol to an intoxicated person.Assuming this to be correct, Crolley must still prove that the injuries from his attempted suicide were the proximate result of Hutchins's conduct.Scott v. Greenville Pharmacy, Inc., 212 S.C. 485, 48 S.E.2d 324(1948)(violation of a statute, while negligence per se, will not support a recovery for damages unless such violation proximately caused injuries complained of).

A negligent act or omission is a proximate cause of injury if, in a natural and continuous sequence of events, it produces the injury, and without it, the injury would not have occurred.Shepard v. South Carolina Department of Corrections, --- S.C. ----, 385 S.E.2d 35(Ct.App.1989).Where the injury complained of is not reasonably foreseeable there is no liability.Woody v. South Carolina Power Company, 202 S.C. 73, 24 S.E.2d 121(1943).One is not charged with foreseeing that which is unpredictable or which would not be expected to happen as a natural and probable consequence of the defendant's negligent act.Id...