Doe v. Marion

• Decision Date: 25 October 2004
• Docket Number: No. 3879.,3879.
• Citation: 605 S.E.2d 556,361 S.C. 463
• Court: South Carolina Court of Appeals
• Parties: John DOE, individually and as Guardian and next friend for his minor child, James Doe, Appellants, v. Robert Francis MARION, Jr., M.D., Individually, Parkwood Pediatrics Group, Carolina Family Care, Inc., Walton L. Ector, M.D., Individually, William Gamble, M.D., Individually, Malcolm Rhodes, M.D., Individually, William Fred O'Dell, M.D., Individually, Carol Graf, M.D., Individually, Carol Graf, M.D. & Associates, P.A., and Pitt Marion, Individually Of Whom Carol Graf, M.D., Individually, and Carol Graf, M.D. & Associates, P.A., are, Respondents.

361 S.C. 463

605 S.E.2d 556

John DOE, individually and as Guardian and next friend for his minor child, James Doe, Appellants, v. Robert Francis MARION, Jr., M.D., Individually, Parkwood Pediatrics Group, Carolina Family Care, Inc., Walton L. Ector, M.D., Individually, William Gamble, M.D., Individually, Malcolm Rhodes, M.D., Individually, William Fred O'Dell, M.D., Individually, Carol Graf, M.D., Individually, Carol Graf, M.D. & Associates, P.A., and Pitt Marion, Individually

Of Whom Carol Graf, M.D., Individually, and Carol Graf, M.D. & Associates, P.A., are, Respondents.

No. 3879.

Court of Appeals of South Carolina.

Heard October 12, 2004.

Decided October 25, 2004.

Rehearing Denied December 16, 2004.

J. Graham Sturgis, Jr., of Charleston and Gary B. Blasingame, Henry G. Garrard, III, and Michael O. Crain, all of Athens, for Appellants.

Stephen L. Brown and Carol B. Ervin, both of Charleston, for Respondents.

ANDERSON, J.:

John Doe, individually and as Guardian and next friend for his minor child James Doe (collectively, Appellants), brought this action against multiple defendants seeking to recover damages arising from Dr. Robert Francis Marion, Jr.'s sexual abuse of James Doe. Carol Graf, M.D., individually, and Carol Graf, M.D. & Associates, P.A. (collectively, Respondents) were two of the defendants in the action. Respondents were dismissed from the action after filing a motion to dismiss under Rule 12(b)(6), SCRCP. After the denial of Appellants' motion for reconsideration, this appeal follows. We affirm.

FACTUAL/PROCEDURAL BACKGROUND

James Doe, while under the care of Dr. Robert Marion, was allegedly "repeatedly sexually molested by Defendant Marion for a period of several years." James Doe allegedly suffered "permanent physical pain and suffering and extreme emotional distress." John Doe, James Doe's father, asserted he lost the companionship of his child, suffered extreme emotional distress, and has lost earnings as a result of his son's molestation.

Appellants filed an Amended Complaint, which alleged the following facts that are deemed true and admitted for purposes of this appeal.¹ Dr. Carol Graf is a psychiatrist who began treating a victim of Dr. Marion's molestation. The victim told Dr. Graf of the molestation beginning in at least 1984. Dr. Graf never notified law enforcement or social services authorities of the child abuse. Dr. Graf failed to notify the medical licensing board or ethics review panel. The Amended Complaint alleges that under S.C.Code Ann. section 20-7-510 (Supp. 2002), Dr. Graf had a duty to report the suspected child abuse and sexual abuse to the appropriate authorities. The complaint contends the failure to notify was negligence per se and "enabled Defendant Marion to continue contact with and molestation of his then current and future minor patients."

Dr. Graf attempted to treat Dr. Marion "for his predilection for child molestation simultaneously with her treatment of other existing victim(s)." The Amended Complaint alleges Dr. Graf "failed to warn the foreseeable victims of Defendant Marion of the danger that he posed." It contends Dr. Graf "breached her common law duty to warn Plaintiff James Doe." The complaint asserts Carol Graf, M.D. & Associates, P.A. is vicariously liable as a result of Dr. Graf's negligence.

Respondents filed a motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6), SCRCP. The trial court granted the motion. In its order, the trial court found: (1) no common law duty to warn existed because there was no specific threat to a specific individual; (2) even assuming section 20-7-510 created a private cause of action, it is only for failure to notify regarding threats to a specific child, not any possible future victims; and (3) section 20-7-510 does not create a private cause of action for failing to notify the appropriate authorities. The trial court denied Appellants' motion for reconsideration.

STANDARD OF REVIEW

Under Rule 12(b)(6), SCRCP, a defendant may move to dismiss based on a failure to state facts sufficient to constitute a cause of action. Flateau v. Harrelson, 355 S.C. 197, 201, 584 S.E.2d 413, 415 (Ct.App.2003),cert. denied (citing Baird v. Charleston County, 333 S.C. 519, 511 S.E.2d 69 (1999)). A trial judge in the civil setting may dismiss a claim when the defendant demonstrates the plaintiff has failed to state facts sufficient to constitute a cause of action in the pleadings filed with the court. Williams v. Condon, 347 S.C. 227, 553 S.E.2d 496 (Ct.App.2001). Generally, in considering a 12(b)(6) motion, the trial court must base its ruling solely upon allegations set forth on the face of the complaint. Stiles v. Onorato, 318 S.C. 297, 457 S.E.2d 601 (1995); see also Brown v. Leverette, 291 S.C. 364, 353 S.E.2d 697 (1987)

(noting trial court must dispose of motion for failure to state cause of action based solely upon allegations set forth on face of complaint); Williams, 347 S.C. at 233,

553 S.E.2d at 499 (finding that trial courts ruling on 12(b)(6) motion must be bottomed and premised solely upon allegations set forth by plaintiff).

"A motion to dismiss under Rule 12(b)(6) should not be granted if facts alleged and inferences reasonably deducible therefrom would entitle the plaintiff to relief on any theory of the case." Flateau, 355 S.C. at 202, 584 S.E.2d at 415; see Gentry v. Yonce, 337 S.C. 1, 522 S.E.2d 137 (1999)

; see also Baird, 333 S.C. at 527,

511 S.E.2d at 73 (declaring that if the facts and inferences drawn from the facts alleged on the complaint would entitle the plaintiff to relief on any theory, then the grant of a motion to dismiss for failure to state a claim is improper); McCormick v. England, 328 S.C. 627, 494 S.E.2d 431 (Ct.App.1997) (concluding that motion to dismiss cannot be sustained if facts alleged in complaint and inferences reasonably deducible therefrom would entitle plaintiff to relief on any theory of the case). In deciding whether the trial court properly granted the motion to dismiss, this Court must consider whether the complaint, viewed in the light most favorable to the plaintiff, states any valid claim for relief. See Gentry, 337 S.C. at 5,

522 S.E.2d at 139; see also Cowart v. Poore, 337 S.C. 359, 523 S.E.2d 182 (Ct.App.1999) (explaining that looking at facts in light most favorable to plaintiff, and with all doubts resolved in his behalf, the court must consider whether the pleadings articulate any valid claim for relief).

The complaint should not be dismissed merely because the court doubts the plaintiff will prevail in the action. Toussaint v. Ham, 292 S.C. 415, 357 S.E.2d 8 (1987). The trial courts grant of a motion to dismiss will be sustained if the facts alleged in the complaint do not support relief under any theory of law. Tatum v. Medical Univ. of South Carolina, 346 S.C. 194, 552 S.E.2d 18 (2001); see also Gray v. State Farm Auto Ins. Co., 327 S.C. 646, 491 S.E.2d 272 (Ct.App.1997)

(stating motion must be granted if facts and inferences reasonably deducible from them show that plaintiff could not prevail on any theory of the case).

"Dismissal of an action pursuant to Rule 12(b)(6) is appealable." Williams, 347 at 233, 553 S.E.2d at 500. Upon review of a dismissal of an action pursuant to Rule 12(b)(6), the appellate court applies the same standard of review implemented by the trial court. Id.

LAW/ANALYSIS

Appellants contend the trial court erred in dismissing the claims for negligence against Dr. Graf. They assert the complaint properly alleges causes of action for common law negligence and negligence per se for violation of S.C Code Ann. section 20-7-510 (Supp. 2002). We disagree.

In order to prove negligence, the plaintiff must show: (1) defendant owes a duty of care to the plaintiff; (2) defendant breached the duty by a negligent act or omission; (3) defendant's breach was the actual and proximate cause of the plaintiff's injury; and (4) plaintiff suffered an injury or damages. Andrade v. Johnson, 356 S.C. 238, 245, 588 S.E.2d 588, 592 (2003); Regions Bank v. Schmauch, 354 S.C. 648, 668, 582 S.E.2d 432, 443 (Ct.App.2003). To sustain an action for negligence, it is essential the plaintiff demonstrate the defendant breached a duty of care owed to the plaintiff. Sabb v. South Carolina State Univ., 350 S.C. 416, 429, 567 S.E.2d 231, 237 (2002); Bishop v. South Carolina Dep't of Mental Health, 331 S.C. 79, 502 S.E.2d 78 (1998). The existence of a duty owed is a question of law for the courts. Doe v. Batson, 345 S.C. 316, 323, 548 S.E.2d 854, 857 (2001). In a negligence action, if no duty exists, the defendant is entitled to judgment as a matter of law. Simmons v. Tuomey Reg'l Med. Ctr., 341 S.C. 32, 39, 533 S.E.2d 312, 316 (2000). Under South Carolina law, there is no general duty to control the conduct of another or to warn a third person or potential victim of danger. Faile v. South Carolina Dep't of Juvenile Justice, 350 S.C. 315, 334, 566 S.E.2d 536, 546 (2002); Rogers v. South Carolina Dep't of Parole & Cmty Corr., 320 S.C. 253, 464 S.E.2d 330 (1995); Rayfield v. South Carolina Dep't of Corr., 297 S.C. 95, 374 S.E.2d 910 (Ct.App.1988); Restatement (Second) of Torts § 314 (1965). The Faile court inculcated:

We recognize five exceptions to this rule: 1) where the defendant has a special relationship to the victim; 2) where the defendant has a special relationship to the injurer; 3) where the defendant voluntarily undertakes a duty; 4) where the defendant negligently or intentionally creates the risk; and 5) where a statute imposes a duty on the defendant. See generally, Hubbard & Felix, The South Carolina Law of Torts 57-72 (1990).

Faile, 350 S.C. at 334, 566 S.E.2d at 546 (footnotes omitted).

I. Common Law Negligence

Appellants argue a duty to warn all future foreseeable victims arose out of the "special relationship" created in the psychiatrist — patient relationship. We find that no duty to warn was created.

South Carolina law does...