Murphy v. Tyndall
| Decision Date | 04 June 2009 |
| Docket Number | No. 4556.,4556. |
| Court | South Carolina Court of Appeals |
| Parties | David Anthony MURPHY, Appellant, v. Donald Ray TYNDALL, and E-Z Credit Auto Sales, Inc., Defendants, of whom E-Z Credit Auto Sales, Inc. is the, Respondent. |
H. Lee Herron, of Florence, for Appellant.
D. Michael Freeman, II, and William E. Lawson, both of Myrtle Beach, for Respondent.
David Anthony Murphy appeals the circuit court's grant of summary judgment in favor of E-Z Credit Auto Sales, Inc. (E-Z Credit). We reverse.
Murphy and Donald Ray Tyndall were in an automobile and motorcycle accident on July 3, 2006. Tyndall was driving a Mitsubishi Eclipse he had just purchased from E-Z Credit, a used car dealership located a few blocks from the accident scene and owned by Allen Watts.
Tyndall operated a small business called Clear Difference Headlight Restoration, which did headlight restoration for the general public and car dealerships. Tyndall and Watts testified Tyndall had performed headlight restoration services for E-Z Credit on occasions in the past.
Officer Don Juan Lewis testified that at the scene of the accident, Tyndall said: "Well I just left the shop around there, and I was going right here to NAPA to get some parts, and I was going right back to the shop." The record shows Tyndall purchased nuts, washers, and regal blue paint or dye at McKenzies' Parts and Equipment just prior to the accident. The register receipt shows the items were charged to E-Z Credit's account and specifically notes, "Attention: Donnie."
Officer Kenneth O'Neal Smith testified he spoke with Tyndall at the scene to ascertain where he would be later that afternoon. Smith stated Tyndall Smith indicated he delivered Tyndall's copy of the accident report to him at E-Z Credit later that afternoon. Tyndall also provided E-Z Credit's phone number as well as his cell phone number for the accident report.
A witness at the scene, Lajarvious Javonta' Buie testified he overheard Tyndall say, Buie clarified Tyndall said he worked at Alan Watts' shop. Buie also testified Tyndall was wearing dirty clothes like he had been working at the time of the accident.
Murphy sued Tyndall and E-Z Credit alleging Tyndall was acting as an agent or employee for E-Z Credit and was acting within the course and scope of that employment or agency at the time of the collision. E-Z Credit filed a motion for summary judgment contending there was no genuine issue of material fact regarding Tyndall's employment status at the time of the accident.
In support of its summary judgment motion, E-Z Credit presented Tyndall's testimony that he had never been employed by E-Z Credit and he was not doing subcontract work for E-Z Credit the day of the accident. Tyndall further testified he purchased some replacement parts for the Mitsubishi at NAPA and, with Watt's permission as part of their sales transaction, charged the parts to E-Z's account.
E-Z also produced documentation of the sales transaction that was presented to Officer Lewis at the scene approximately thirty-five minutes after the accident occurred.1 Via affidavit, Watts corroborated Tyndall's testimony regarding Tyndall's dealings with E-Z Credit on the day of the accident, as did two E-Z Credit employees. E-Z Credit also produced invoices and checks regarding E-Z Credit and Tyndall's business relationship in the past.
The circuit court granted summary judgment in E-Z Credit's favor finding "the only reasonable inference to be drawn from the facts in the record is that Tyndall's actions at the time in question were taken for his own independent purposes and not with reference to any service to E-Z."2 This appeal followed.
When reviewing the trial court's grant of summary judgment, the appellate court applies the same standard found in Rule 56(c), SCRCP. Boyd v. Bellsouth Tel. Tel. Co., 369 S.C. 410, 415, 633 S.E.2d 136, 138 (2006). Summary judgment is proper when no genuine issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. Rule 56(c), SCRCP. On summary judgment, the court's task is not to try issues of fact but to determine if genuine issues of material fact exist. Thomas Sand Co. v. Colonial Pipeline Co., 349 S.C. 402, 408, 563 S.E.2d 109, 112 (Ct.App.2002). "The problem besetting courts lies in deciding what is or what is not a `genuine issue as to any material fact.'" Spencer v. Miller, 259 S.C. 453, 456, 192 S.E.2d 863, 864 (1972).
Murphy contends the circuit court erred in granting summary judgment in favor of E-Z Credit. We agree.
"Because it is a drastic remedy, summary judgment should be cautiously invoked so no person will be improperly deprived of a trial of the disputed factual issues." Carolina Alliance for Fair Employment v. S.C. Dep't of Labor, Licensing, & Regulation, 337 S.C. 476, 485, 523 S.E.2d 795, 799 (Ct.App.1999). "Additionally, even where there is no dispute as to the evidentiary facts, but only as to the conclusions or inferences to be drawn from them, summary judgment should not be granted." Hill v. York County Sheriff's Dep't, 313 S.C. 303, 305, 437 S.E.2d 179, 180 (Ct.App.1993). In determining whether a triable issue of fact exists, the evidence and reasonable inferences from it must be viewed in the light most favorable to the nonmoving party. Sauner v. Pub. Serv. Auth. of S.C., 354 S.C. 397, 404, 581 S.E.2d 161, 165 (2003). When evidence is susceptible to more than one reasonable inference, the issue should be submitted to the jury. Vaughan v. Town of Lyman, 370 S.C. 436, 448, 635 S.E.2d 631, 638 (2006). "At the summary judgment stage of the proceedings, it is only necessary for the nonmoving party to submit a scintilla of evidence warranting determination by a jury for summary judgment to be denied." Hill, 313 S.C. at 308, 437 S.E.2d at 182; see also Hancock v. Mid-South Mgmt. Co., 381 S.C. 326, 330, 673 S.E.2d 801, 803 (2009) ().
In the instant case, we believe Murphy has set forth at least a mere scintilla of evidence that Tyndall was E-Z Credit's employee or agent or was working on behalf of E-Z Credit at the time...
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