Richland Memorial Hosp. v. Burton, 22134

Decision Date04 June 1984
Docket NumberNo. 22134,22134
Citation318 S.E.2d 12,282 S.C. 159
CourtSouth Carolina Supreme Court
PartiesRICHLAND MEMORIAL HOSPITAL, Respondent, v. Cary BURTON, Appellant. . Heard

Deborah Weimer, of Palmetto Legal Services, of Columbia, for appellant.

Charles E. Carpenter, Jr., and Lanneau William Lambert, Jr., of Richardson, Plowden, Grier & Howser, Columbia, for respondent.

HARWELL, Justice:

The respondent Richland Memorial Hospital brought this collection action against the appellant husband of a deceased patient. The trial court found the husband liable under the common law necessaries doctrine. He appeals alleging the doctrine and S.C.Code Ann. § 20-5-60 (1976) unconstitutional as violative of the equal protection clauses of the South Carolina and United States Constitutions. We affirm under the common law doctrine.

Under the common law, husbands could be held liable for their wives' debts contracted prior to and during marriage. This rule was founded on the husband's duty of support and his ability to use his wife's property to satisfy her debts. In the late 1870's, the Married Women's Property Acts were passed providing that property of wives was separate from that of their husbands. Code § 20-5-60 was then enacted relieving men of liability for their wives' debts except those for their necessary support. See Clawson v. Hutchinson, 11 S.C. 323 (1879).

The common law doctrine as modified by statute therefore provides that, in the absence of contract, a husband is liable for his wife's necessaries supplied to her by a third person. O'Hagan v. Fraternal Aid Union, 144 S.C. 84, 141 S.E. 893 (1928) (funeral expenses). The appellant and respondent concede that the necessaries doctrine, as codified in § 20-5-60, denies husbands equal protection of the laws by failing to impose a reciprocal obligation on wives. We agree. See Schilling v. Bedford Memorial Hospital, 225 Va. 539, 303 S.E.2d 905 (1983); Jersey Shore v. Estate of Baum, 84 N.J. 137, 417 A.2d 1003 (1980); Condore v. Prince George's County, 289 Md. 516, 425 A.2d 1011 (1981); Manatee Convalescent Center, Inc. v. McDonald, 392 So.2d 1356 (Fl.Dist.Ct.App.1980). 1

Nevertheless, the respondent asserts that, in light of recent legislative and common law developments in South Carolina, the doctrine of necessaries remains a viable common law doctrine. We agree.

The legislature has recently amended the family support provisions of the Code to provide that husbands and wives are equally obligated to support the children of the marriage and to pay alimony to each other. Code §§ 20-7-40, 20-3-120, 20-3-130 (1983 Cum.Supp.). The common law had already been expanded to include obligations of the wife. Peebles v. Disher, 310 S.E.2d 823 (S.C.App.1983); Lee v. Lee, 237 S.C. 532, 118 S.E.2d 171 (1961); Campbell v. Campbell, 200 S.C. 67, 20 S.E.2d 237 (1942).

The rigidity of the common law in dealing with interspousal rights and liabilities has also been broken by the extension of the loss of consortium cause of action to wives. See Hiott v. Contracting Services, 276 S.C. 632, ...

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17 cases
  • Connor v. Southwest Florida Regional Medical Center, Inc.
    • United States
    • Florida Supreme Court
    • December 21, 1995
    ...v. Harris, 319 N.C. 347, 354 S.E.2d 471 (1987); Landmark Medical Ctr. v. Gauthier, 635 A.2d 1145 (R.I.1994); Richland Memorial Hosp. v. Burton, 282 S.C. 159, 318 S.E.2d 12 (1984). Legislative action in this area has been just as diverse. Oklahoma and Kentucky have codified the doctrine in i......
  • Landmark Medical Center v. Gauthier
    • United States
    • Rhode Island Supreme Court
    • January 6, 1994
    ...N.Y.S.2d 890, (1992); North Carolina Baptist Hospitals, Inc. v. Harris, 319 N.C. 347, 354 S.E.2d 471 (1987); Richland Memorial Hospital v. Burton, 282 S.C. 159, 318 S.E.2d 12 (1984); Marshfield Clinic v. Discher, 105 Wis.2d 506, 314 N.W.2d 326 ...
  • Medical Business Associates, Inc. v. Steiner
    • United States
    • New York Supreme Court — Appellate Division
    • October 19, 1992
    ...spouses in the States of Indiana (see, Memorial Hosp. v. Hahaj, 430 N.E.2d 412 [Ind.App.]), South Carolina (see, Richland Memorial Hosp. v. Burton, 282 S.C. 159, 318 S.E.2d 12), Michigan (see, Borgess Medical Center v. Smith, 149 Mich.App. 796, 386 N.W.2d 684, but see, Bronson Methodist Hos......
  • Hardee v. Hardee
    • United States
    • South Carolina Supreme Court
    • August 11, 2003
    ...should be afforded special protection. Accord In the Interest of Joseph T, 312 S.C. 15, 430 S.E.2d 523 (1993); Richland Mem'l Hosp. v. Burton, 282 S.C. 159, 318 S.E.2d 12 (1984). Accordingly, we overrule Towles to the extent it relies upon outdated notions which are violative of equal 4. Ho......
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4 books & journal articles
  • Appendix B (1) State Law Summary—premaritalagreements
    • United States
    • Premarital Agreements: Drafting and Negotiation (ABA)
    • Invalid date
    ...to enforce waiver if unconscionable at divorce as result of unforeseeable changed circumstances); Richland Memorial Hospital v. Burton, 282 S.C. 159, 318 S.E.2d 12 (1984) (liability for necessaries). South Dakota Y N S.D. Codified Laws §§ 25-2-16 to 25-2-25 (2016) (UPAA, eff. 3.1.89) (omitt......
  • Chapter Two Establishing the Validity of Marriages
    • United States
    • Marital Litigation in South Carolina (SCBar)
    • Invalid date
    ...husbands and wives and affirmed that the doctrine of necessaries remains a viable common law doctrine in Richland Mem'l. Hosp. v. Burton, 282 S.C. 159, 160-161, 318 S.E.2d 12, 13 (1984). The Court of Appeals more recently upheld the validity of the necessaries doctrine and refused to follow......
  • 5 Spousal Support
    • United States
    • Premarital Agreements: Drafting and Negotiation (ABA)
    • Invalid date
    ...Inc., 319 N.C. 347; Borgess Medical Center v. Smith, 149 Mich. App. 796, 386 N.W.2d 684 (1986); Richland Memorial Hospital v. Burton, 282 S.C. 159, 318 S.E.2d 12 (1984); Kilbourne v. Hanzelik, 648 S.W.2d 932 (Tenn. 1983); Jersey Shore Medical Center-Fitkin Hospital, 84 N.J. 157.[93] . See R......
  • Chapter 6 Standing to Bring Claim Against Insurer
    • United States
    • Invalid date
    ...101, 341 S.E.2d 378 (1986).[5] Id. at 103, 341 S.E.2d at 380.[6] Id. at 103, 341 S.E.2d at 379 (citing Richland Mem'l Hosp. v. Burton, 282 S.C. 159, 318 S.E.2d 12 (1984), and S.C. Code Ann. § 20-5-60 (1976)).[7] No. 6:15-910-HMH, 2015 WL 11027032, at *3 (D.S.C. July 28, 2015).[8] Id. at *1.......

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