Russell v. City of Columbia, 23417

• Decision Date: 11 December 1990
• Docket Number: No. 23417,23417
• Court: South Carolina Supreme Court
• Parties: Sebbieleen C. RUSSELL, Administratrix of the Estate of Gregory Lee Wood, Deceased, Petitioner, v. CITY OF COLUMBIA, H.R. Ray and R.J. Hall, Respondents. . Heard

Page 338

406 S.E.2d 338

305 S.C. 86

Sebbieleen C. RUSSELL, Administratrix of the Estate of Gregory Lee Wood, Deceased, Petitioner, v. CITY OF COLUMBIA, H.R. Ray and R.J. Hall, Respondents.

No. 23417

Supreme Court of South Carolina.

Heard Dec. 11, 1990.

Decided June 24, 1991.

J. Marvin Mullis, Jr., and F. David Butler, Columbia, for petitioner.

Frank S. Potts, Columbia, for respondent City of Columbia.

Kenneth M. Suggs, Columbia, for respondents H.R. Ray and R.J. Hall.

FINNEY, Justice:

This wrongful death action is before this Court on a writ of certiorari from the Court of Appeals. Petitioner Sebbieleen C. Russell (Russell), administratrix of the estate of Gregory Lee Wood, deceased (Wood), brought suit against the City of Columbia and two of its police officers, H.R. Ray (Ray) and R.J. Hall (Hall). The circuit court granted respondents' motion for judgment on the pleadings. The Court of Appeals affirmed. Russell v. City of Columbia, 301 S.C. 117, 390 S.E.2d 463 (Ct.App.1989). We reverse.

The pleadings allege that on September 7, 1985, Wood became intoxicated at a Columbia restaurant and went outside after being asked to leave the premises. On the outside, Wood engaged in an altercation during which he sustained a severe head laceration. As a result of the disturbance, the City of Columbia Police Department was called and dispatched Ray and Hall to the scene.

The complaint avers that upon their arrival, Ray and Hall observed Wood in a seriously injured condition with blood all over his head and clothing, that other persons were attempting to render aid to Wood, and that Wood was highly intoxicated. Petitioner's amended complaint alleges the officers "asserted their authority and took control of the situation away from the individuals trying to render ... aid ... depriving the decedent of these individual's (sic) help ..." The officers determined that some disorderly conduct had occurred before they arrived, but neither Wood nor the other parties wished to file charges. The officers did not offer Wood assistance in connection with his injuries and did not otherwise detain him. After concluding their investigation, the officers "insisted" that Wood leave the premises. Wood walked alone unassisted from the scene in the general direction of a nearby railroad trestle. Wood's body was later found in a creek beneath the trestle, from which he had fallen, approximately 100 feet from the scene of the police investigation.

Petitioner filed a wrongful death action, alleging negligence on the part of the respondents. Subsequently, the court granted petitioner's motion to amend the complaint to allege a second cause of action in negligence and add other allegations to the original cause of action. Petitioner contends the respondents owed a duty of reasonable care to the public at large and to the petitioner [petitioner's decedent] in particular to care for, protect, assist and provide treatment and to refrain from interfering with others trying to aid his condition. Further, petitioner alleges the respondents failed to follow procedures promulgated by the Columbia Police Department's Policy and Procedures Manual, to the detriment of [petitioner's] decedent.

The respondents moved for judgment on the pleadings. The circuit court granted the motion, finding that there was an absence of any legal duty to petitioner's decedent by the respondents and that the complaint failed to state a cause of action.

The Court of Appeals affirmed, holding that petitioner did not assert, by pleading or argument, that any statute, contract, relationship or property interest created a duty on the part of the respondents toward petitioner's decedent. Moreover, the Court of Appeals determined that there is no other basis for finding a duty owed to Wood under general principles of negligence law.

On appeal to this Court, petitioner argues the Court of Appeals erred in affirming the judgment of the circuit court. Petitioner contends the pleadings allege facts sufficient to state a cause of action for which the petitioner may be entitled to relief. We agree.

A judgment on the pleadings against the plaintiff is not proper if there is an issue of fact raised by the complaint which, if resolved in favor of the plaintiff, would entitle him to judgment. Brown v. United Insurance Company of America, 268 S.C. 254, 233 S.E.2d 298 (1977). A judgment on the pleadings is in the nature of a demurrer. Brown, supra. All properly pleaded factual allegations are deemed admitted for purposes of the consideration of a demurrer. Crowe v. Domestic Loans, Inc., 242 S.C. 310, 130 S.E.2d 845 (1963). When a fact is well pleaded, any inference of law or conclusions of fact that may properly arise therefrom are to be regarded as embraced in the...