Evans v. Stewart, 4161.

• Decision Date: 05 July 2006
• Docket Number: Formerly Unpublished No. 2006-UP-306.,No. 4161.,4161.
• Citation: 636 S.E.2d 632
• Court: South Carolina Court of Appeals
• Parties: James F. EVANS, Appellant, v. Blake C. STEWART and Melony A. Cusack, Defendants, of whom Melony A. Cusack is the, Respondent.

636 S.E.2d 632

James F. EVANS, Appellant, v. Blake C. STEWART and Melony A. Cusack, Defendants, of whom Melony A. Cusack is the, Respondent.

No. 4161.

Formerly Unpublished No. 2006-UP-306.

Court of Appeals of South Carolina.

Submitted June 1, 2006.

Decided July 5, 2006.

Daryl J. Corbin, of Florence, for appellant.

Robert J. Thomas and William H. Bowman, III, of Columbia, for respondent.

PER CURIAM.

In this tort action, James F. Evans appeals from the trial court's order granting summary judgment to Melony A. Cusack under the family purpose doctrine. We affirm.¹

FACTUAL/PROCEDURAL BACKGROUND

Evans brought this action against Blake C. Stewart and Blake's mother, Cusack, seeking damages arising from an automobile accident. Evans was a passenger in a car driven by Stewart when Stewart fell asleep at the wheel, causing a head-on collision with another car. At the time of the accident, Stewart, Evans and another friend were returning from a two day trip to the beach for spring break. Evans filed a complaint against Stewart and Cusack seeking damages from Stewart based on Stewart's negligence and damages from Cusack based on the family purpose doctrine and negligent entrustment. Cusack moved for summary judgment asserting there was no genuine issue of material fact and she was entitled to judgment as a matter of law.

At a hearing on the matter, the parties submitted the deposition of Stewart. Stewart testified that at the time of the accident, he was eighteen years old and had moved out of his mother's home two to three months prior to the accident. Stewart was working full time and was sharing a house with two roommates, paying approximately $150 a month in rent. He was entirely self-supporting. Stewart had moved out of his mother's home because he could not get along with his stepfather. Although he did move back in with his mother following the accident because he needed someone to take care of him, it was not his intention to return to her home after he moved. The truck Stewart was driving at the time of the accident was purchased by Stewart for a total of $1,200, with $1,000 from money he had in savings and $200 from his stepfather. Because Stewart was only seventeen at the time of purchase, the car was registered in Cusack's name. Cusack also paid Stewart's insurance until Stewart "could get on [his] feet." Stewart testified he drove the truck mostly and considered it his truck, and that he paid for gas and the maintenance of the truck. The truck stayed in Stewart's possession, he drove it to and from work, and he used it for recreational purposes. When the accident occurred, Stewart did not feel he needed to ask his mother's permission to take the vehicle to the beach, and she did not know that he had gone on the trip.

Additionally, Cusack submitted her affidavit in which she swore, although the truck in question was titled in her name, she was not the true owner; that she and her husband gave Stewart $200 toward the purchase of the automobile but that Stewart used $1,000 of his own money to buy the truck; Stewart was still a minor at the time of purchase and the truck was therefore registered in her name; Stewart was responsible for all costs and expenses involved in operating the truck; Stewart was the sole user of the truck and he kept it for his own pleasure and convenience; and at the time of the accident, she had no control over Stewart's use of the truck and had no knowledge of his trip to the beach.

The trial judge noted that Stewart did not live with Cusack, he was self-supporting, the truck was kept at Stewart's residence and was in his sole possession, Stewart paid the insurance, maintenance and gas for the vehicle, and at the time of the accident, Stewart was on his way back from a beach trip of which Cusack had no knowledge. He found Evans had not presented any evidence to contradict the testimony of Stewart or the affidavit of Cusack, and thus found there was no basis to support Cusack's liability under the family purpose doctrine and Cusack was entitled to judgment as a matter of law. He further determined there was no basis to support a claim for negligent entrustment as there was no evidence Cusack had control over the truck, nor any evidence that Stewart was addicted to intoxicants or had the habit of drinking or drove while intoxicated. Accordingly, he also found Cusack was entitled to summary judgment on the negligent entrustment cause of action as well.

STANDARD OF REVIEW

"The purpose of summary judgment is to expedite disposition of cases which do not require the services of a fact finder." George v. Fabri, 345 S.C. 440, 452, 548 S.E.2d 868, 874 (2001). "A motion for summary judgment shall be granted `if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.'" Id. (quoting Rule 56(c), SCRCP). When reviewing the grant of a summary judgment motion, this court applies the same standard which governs the trial court under Rule 56(c), SCRCP. Fleming v. Rose, 350 S.C. 488, 493, 567 S.E.2d 857, 860 (2002). In determining whether a genuine issue of fact exists, the evidence and all factual inferences drawn from it must be viewed in a light most favorable to the nonmoving party. Sauner v. Pub. Serv. Auth. of South Carolina, 354 S.C. 397, 404, 581 S.E.2d 161, 165 (2003). It is not sufficient for one to create an inference that is not reasonable or an issue of fact that is not genuine. Durkin v. Hansen, 313 S.C. 343, 346, 437 S.E.2d 550, 552 (Ct.App.1993). Although summary judgment is a drastic remedy which should be cautiously invoked, where a verdict is not reasonably possible under the facts presented, summary judgment is proper. Bloom v. Ravoira, 339...