Whitlaw v. Kroger Co., No. 23498
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | PER CURIAM |
| Citation | 410 S.E.2d 251,306 S.C. 51 |
| Parties | David D. WHITLAW, Sr., as Personal Representative of the Estate of Christopher Whitlaw, Deceased, Plaintiff, v. The KROGER CO., Defendant. . Heard |
| Docket Number | No. 23498 |
| Decision Date | 07 January 1991 |
Page 251
Estate of Christopher Whitlaw, Deceased, Plaintiff,
v.
The KROGER CO., Defendant.
Decided Oct. 14, 1991.
Page 252
[306 S.C. 52] Ronald A. Maxwell, of Johnson, Johnson, Maxwell, Whittle, Snelgrove & Weeks, Aiken, for plaintiff.
David A. Brown, Aiken, for defendant.
PER CURIAM:
Pursuant to Supreme Court Rule 46, we agreed to answer the question whether a private cause of action for damages may be instituted under S.C.Code Ann. §§ 61-9-40 1 and 61-9-410(1) 2 (1990) where a minor consumes alcohol purchased by another minor and suffers injuries as a result. We hold that these sections give rise to civil liability only where the violation is used to establish negligence per se, and where the violation is the proximate cause of the minor's injury.
[306 S.C. 53] FACTS
Plaintiff alleges that on November 21, 1987, the Defendant, the Kroger Co., sold beer to an underage youth who was accompanied by the Plaintiff's son. It was further alleged that the underage youth gave a portion of the beer, procured from Defendant's place of business, to Plaintiff's son. After becoming intoxicated, the Plaintiff's son lost control of the vehicle he was driving and struck a tree. The Plaintiff's son died as a result of the injuries he sustained in the accident.
As the personal representative of his son's estate, the Plaintiff brought this action in state court pursuant to the wrongful death statute of the South Carolina Code of Laws. The Plaintiff contended that S.C.Code Ann. §§ 61-9-40 and 61-9-410 gave rise to a private cause of action where an underage person consumed an alcoholic beverage purchased by another underage person, and suffered injuries as a result of becoming intoxicated. The case was removed by the Defendant to the United States District Court where the Plaintiff's question was certified to us for an interpretation of state law.
LAW/ANALYSIS
In Rayfield v. South Carolina Dept. of Corrections, 297 S.C. 95, 374 S.E.2d 910 (Ct.App.1988), the Court of Appeals set forth the test for determining when a duty created by statute will support an action for negligence.
In order to show that the defendant owes him a duty of care arising from a statute, the plaintiff must show two things: (1) that the essential purpose of the statute is to protect from the kind of harm the plaintiff has suffered; and (2) that he is a member of the class of persons the statute is intended to protect.
If the plaintiff makes this showing, he has proven the first element of a claim for negligence: viz., that the defendant owes him a duty of care. If he then shows that the defendant violated the statute, he has proven the second element of a negligence cause of action: viz., that the defendant, by act or omission, failed to exercise due care. This constitutes proof of negligence per se.
Id. at 103, 104, 374 S.E.2d at 914.
The statute can establish a duty to plaintiff. See Id. A [306 S.C. 54] breach...
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Wogan v. Kunze, No. 4026.
...and proximately, to the injury.'" Hurst v. Sandy, 329 S.C. 471, 478, 494 S.E.2d 847, 850 (Ct.App.1997) (quoting Whitlaw v. Kroger Co., 306 S.C. 51, 55, 410 S.E.2d 251, 253 In the instant case, the Medicare Act was not created to protect from a harm, but instead to create "a voluntary insura......
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City of New York v. A-1 Jewelry & Pawn, Inc., No. 06 CV 2233(JBW).
...L.P., 197. F.Supp.2d 507, 510 (E.D.Va.2002); Williams v. Hill Mfg. Co., 489 F.Supp. 20, 22 (D.S.C.1980); Whitlaw v. Kroger Co., 306 S.C. 51, 410 S.E.2d 251, 252 (1991); Austin v. Specialty Transp. Servs., 358 S.C. 298, 594 S.E.2d 867, 876 (App.2004); Sikora v. Wenzel, 88 Ohio St.3d 493, 727......
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Tobias v. Sports Club, Inc., No. 2555
...injured minors who were unlawfully served alcohol as well as innocent third parties injured by the inebriant. See Whitlaw v. Kroger Co., 306 S.C. 51, 410 S.E.2d 251 (1991) ( sections 61-9-40 and 61-9-410 give rise to civil liability if third party plaintiff can establish negligence per se. ......
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Fisher v. Pelstring, Civil Action No. 4:09–cv–00252–TLW.
...owed by PLIVA to the plaintiffs and that PLIVA breached that duty by violating said statutes and regulations. See Whitlaw v. Kroger Co., 306 S.C. 51, 410 S.E.2d 251, 252–53 (1991) (per curiam); Norton v. Opening Break of Aiken, Inc., 313 S.C. 508, 443 S.E.2d 406, 408–09 (S.C.Ct.App.1994); S......
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Wogan v. Kunze, No. 4026.
...and proximately, to the injury.'" Hurst v. Sandy, 329 S.C. 471, 478, 494 S.E.2d 847, 850 (Ct.App.1997) (quoting Whitlaw v. Kroger Co., 306 S.C. 51, 55, 410 S.E.2d 251, 253 In the instant case, the Medicare Act was not created to protect from a harm, but instead to create "a voluntary insura......
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City of New York v. A-1 Jewelry & Pawn, Inc., No. 06 CV 2233(JBW).
...L.P., 197. F.Supp.2d 507, 510 (E.D.Va.2002); Williams v. Hill Mfg. Co., 489 F.Supp. 20, 22 (D.S.C.1980); Whitlaw v. Kroger Co., 306 S.C. 51, 410 S.E.2d 251, 252 (1991); Austin v. Specialty Transp. Servs., 358 S.C. 298, 594 S.E.2d 867, 876 (App.2004); Sikora v. Wenzel, 88 Ohio St.3d 493, 727......
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Tobias v. Sports Club, Inc., No. 2555
...injured minors who were unlawfully served alcohol as well as innocent third parties injured by the inebriant. See Whitlaw v. Kroger Co., 306 S.C. 51, 410 S.E.2d 251 (1991) ( sections 61-9-40 and 61-9-410 give rise to civil liability if third party plaintiff can establish negligence per se. ......
-
Fisher v. Pelstring, Civil Action No. 4:09–cv–00252–TLW.
...owed by PLIVA to the plaintiffs and that PLIVA breached that duty by violating said statutes and regulations. See Whitlaw v. Kroger Co., 306 S.C. 51, 410 S.E.2d 251, 252–53 (1991) (per curiam); Norton v. Opening Break of Aiken, Inc., 313 S.C. 508, 443 S.E.2d 406, 408–09 (S.C.Ct.App.1994); S......