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Ellis v. Oliver3/15/1999
Lexington County. See Ellis v. Oliver, 307 S.C. 365, 415 S.E.2d 400 (1992). Mrs. Ellis contends that since the measure of damages is different in the two cases, then different injuries occurred and § 15-38-50 is inapplicable. Admittedly, the measure of damages in wrongful death and survival causes of action differ. Mrs. Ellis, however, confuses the concept of damages with the meaning of the word injury as used in the statute. Injury, as used in the statute, is broad enough to include all damages, including those attributable to both survival and wrongful death causes of action which result from the joint negligence of the various responsible parties. Thus, the trial court did not err in applying § 15-38-50.
III.
Finally, Mrs. Ellis asserts that the trial court erred in applying § 15-38-50 because in these circumstances the doctrine of set-off did not serve its intended purpose of preventing a double recovery. In support of this argument, Mrs. Ellis notes that she made no attempt during the trial to present the medical expenses attributable to Richland Memorial's alleged negligence (the exact amount of the settlement). Thus, she contends, the jury's verdict in her case against Dr. Oliver did not take into account Ellis's Richland Memorial bills or her settlement with Richland Memorial.
Application of the settlement credit was statutorily mandated in this case. Section 15-38-50 grants the court no discretion in determining the equities involved in applying a set-off once a release has been executed in good faith between a plaintiff and one of several joint tortfeasors. Moreover, Mrs. Ellis does not assert she was prevented from presenting to the jury evidence of the full amount of Ellis's medical bills. We recognize that a strict application of the statute may lead to unintended results; however, this is a matter for the legislature to correct if our interpretation is contrary to its intent. See Adkins v. Comcar Indus., Inc., 316 S.C. 149, 151, 447 S.E.2d 228, 230 (Ct. App. 1994) (An appellate court "has no legislative powers. Our sole function is to determine and, within constitutional limits, give effect to the intention of the legislature while the responsibility for the Justice or wisdom of legislation rests exclusively with the legislature, whether or not we agree with the laws it enacts." (internal citation omitted)), aff'd, 323 S.C. 409, 475 S.E.2d 762 (1996).
For the foregoing reasons, the decision of the trial court is
AFFIRMED.
HOWELL, C.J., and ANDERSON, J., concur.
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