Sanders v. Green

Decision Date21 September 1962
Docket NumberNo. AC/854.,AC/854.
Citation208 F. Supp. 873
CourtU.S. District Court — District of South Carolina
PartiesWilson SANDERS, as Temporary Administrator of the Estate of Woodrow Kittrell, deceased, Plaintiff, v. Irving GREEN, Defendant.

Sol Blatt, Jr. (Blatt & Fales), Barnwell, S. C., W. D. Lanier, G. B. Hester, Augusta, Ga., for plaintiff.

Edward C. Cushman, Jr. (Henderson, Salley & Cushman), Aiken, S. C., for defendant.

WYCHE, District Judge (sitting by designation).

The above case was tried before me and a jury and resulted in a verdict for the plaintiff for $5,000.00 actual damages.

At the conclusion of the testimony, I directed a verdict for the plaintiff on the issue of liability, leaving to the jury to determine the amount of actual damages to be awarded to the plaintiff.

The case is now before me on motion of the defendant "to set aside the verdict * * * in favor of the plaintiff and the judgment entered thereon * *, and to enter judgment non obstante veredicto for the defendant in accordance with his motion for a directed verdict; and in the event that plaintiff's previously noted and presently pending motion for a new trial on the basis of inadequate damages be granted, then in the alternative, for a new trial de novo on the issue of liability for actual damages" upon the grounds stated in the motion.

The case is also before me upon motion of the plaintiff "to set aside the verdict returned in the above entitled action * * *, and the judgment entered thereon * * *, and to grant the plaintiff a new trial as to actual damages only on the ground that the actual damages awarded to the plaintiff were grossly and palpably inadequate".

The three principal grounds of defendant's motion are (1) that the Court erred in holding, as a matter of law, that the plaintiff's intestate was not guilty of contributory negligence or recklessness which contributed as a proximate cause to his fatal injuries; (2) that the Court erred in holding, as a matter of law, that the defendant was guilty of actionable negligence and that such negligence was a proximate cause of the fatal injuries to the plaintiff's intestate; (3) that the Court erred in failing to grant a voluntary dismissal or direct a verdict on the ground that there was not sufficient admissible evidence that the beneficiaries named in the complaint were the proper parties for whom this action could be maintained.

The uncontradicted evidence discloses that the automobile in which plaintiff's intestate was riding as a passenger was struck in the rear by the automobile driven by the defendant on a rainy night in which visibility was considerably limited. There is sharp contradiction in the evidence as to whether the automobile in which decedent was riding was stopped without lights in its lane of traffic in the highway at the time of the collision, or whether it was properly lighted and moving slowly along the highway, but even if it were stopped without lights, there is no testimony that the plaintiff's intestate had anything to do with the operation of the automobile, and all of the evidence is that the driver of the automobile was sober and that plaintiff's intestate had no reason to suspect that the driver of the automobile would not operate the car in a proper manner. It is also undisputed that plaintiff's intestate was asleep in the car at the time of the collision. There were no circumstances appearing from the evidence which could reasonably serve as the basis of a jury's determination that the decedent was contributorily negligent or reckless. Mann v. Bowman Transportation, Inc., (C.A. 4) 300 F.2d 505, 509 (1962).

Having decided that the issue of contributory negligence was not applicable in this case, the sole remaining question on the issue of liability was the determination of whether the defendant was guilty of any negligence or recklessness which contributed as a proximate cause to the collision. I am of the opinion, that the defendant was guilty of simple negligence as a matter of law which contributed as a proximate cause of the collision. The defendant testified that it was raining rather hard at the time of the collision; that he had his windshield wipers working; that his visibility was restricted; that he was driving at the time of the collision at approximately fifty to fifty-five miles per hour, and that he did not see the automobile in which the decedent was riding until a very brief moment prior to the impact. All of the witnesses concurred in the defendant's testimony regarding the rain and restricted visibility.

It is well settled that negligence or recklessness to render a person liable need not be the sole cause of an injury, but it is sufficient to show that such negligence or recklessness is a proximate concurring cause of the injury in order to establish liability for such conduct. Benton v. Pellum, 232 S.C. 26, 100 S.E.2d 534, 536.

Section 46-361, Code of Laws of South Carolina, 1952, provides: "No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. * * *"

Section 46-363, Code of Laws of South Carolina, 1952, provides: "The driver of every vehicle shall, consistent with the requirements of § 46-361, drive at an appropriate reduced speed * * * when any special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions."

Section 46-381, Code of Laws of South Carolina, 1952, provides: "Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway except as follows: (1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; * *."

Section 46-393, Code of Laws of South Carolina, 1952, provides: "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway."

The Supreme Court of South Carolina has on many occasions held that "`Causative violation of an applicable statute constitutes actionable negligence and is evidence of recklessness, wilfulness and wantonness. * * *'" Field v. Gregory et al., 230 S.C. 39, 94 S.E.2d 15, 19. While I recognize that a verdict should not be directed in cases where there is more than one reasonable inference to be derived from the evidence, it appears clear to me that the only conclusion which reasonable men might reach from the conduct of the defendant in this case in driving at an admitted speed of fifty to fifty-five miles per hour on the night in question, and his failure to see the automobile in which the decedent was riding until just a moment prior to the impact, is that the defendant violated one or more of the statutes heretofore quoted, and that such violation was a contributing proximate cause of the collision. The very injury happened here which was intended to be prevented by these statutes, and such injuries must be considered as having been directly caused by the non-observance of these laws. Ayers v. Atlantic Greyhound Corp. et al., 208 S.C. 267, 37 S.E.2d 737, 741. If, as the defendant claims, weather conditions were such that he could not see a dark object in the highway until almost upon it, he was negligent in driving at a speed of fifty to fifty-five miles per hour. On the other hand, if weather conditions were such that the object was visible at a much greater distance, despite the defendant's speed, then the defendant was guilty of negligence in failing to see the automobile and stop or turn to avoid striking it. (Brown v. Atlantic Coast Line R. Co., 238 S.C. 191, 119 S.E.2d 729, 731) since "the first duty of a motorist is to keep a sharp lookout ahead to discover the presence of those who might be in danger, * * *." Greene v. Miller, (D.C.S.C.) 114 F.Supp. 150, 1955 (1953).

It has frequently been held in many jurisdictions that a motorist who operates his vehicle during the night-time must take notice of the existing darkness and operate his vehicle in such a manner and at such speed as will enable him to stop within the radius of his headlights, he must keep a lookout in the direction of travel, and he is held to the duty of seeing what he should have seen, and he must give due regard to the then existing weather conditions. Brown v. Atlantic Coast Line R. Co., supra, (238 S.C. 191, 119 S.E.2d 729) 5-A Amer. Jur., Sections 290-291,...

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4 cases
  • Sawyer v. Claar
    • United States
    • Idaho Court of Appeals
    • December 7, 1988
    ...465 F.Supp. 282 (E.D.Va.1978) ($100,000 award to parents of adult son for pecuniary loss and loss of companionship); Sanders v. Green, 208 F.Supp. 873 (E.D.S.C.1962) (award of $5,000 to brothers and sisters of adult decedent held grossly inadequate); Braun v. Moreno, 11 Ariz.App. 509, 466 P......
  • Kapuschinsky v. United States, Civ. A. No. 7646.
    • United States
    • U.S. District Court — District of South Carolina
    • October 4, 1966
    ...F. 2d 564 (7th Cir. 1965); MacDonald Engineering Co. v. Hover, 290 F.2d 301 (8th Cir. 1961). 14 12 A.L.R.2d 611 (1950); Sanders v. Green, 208 F.Supp. 873 (E.D.S.C.1962). ...
  • Broderson v. Boehm, 9304
    • United States
    • North Dakota Supreme Court
    • May 12, 1977
    ...if it appeared that the decedent's mother no longer survived. An action was allowed on behalf of brothers and sisters in Sanders v. Green, 208 F.Supp. 873 (D.C.S.C.1962), where there were no children or parents of the decedent surviving and where the court found that although the decedent w......
  • Medlin v. United States, Civ. A. No. 4486
    • United States
    • U.S. District Court — District of South Carolina
    • August 9, 1965
    ...or recklessness to render a person liable, need not be sole cause of injury but only a proximately concurring cause. Sanders v. Green, 208 F. Supp. 873, 876 (E.D.S.C.1962); Shearer v. DeShon, 240 S.C. 472, 126 S.E.2d 514, Using the principles of these cases as a yardstick this Court finds n......

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