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Hendericks v. Clemson University3/20/2000
577, 155 S.E.2d 601 (1967)(holding an accounting in equity could be had in tort case where the complaint charged fraud involving a fiduciary and trust relationship); Designer Showrooms, Inc. v. Kelley, 304 S.C. 478, 405 S.E.2d 417 (Ct. App. 1991)(finding constructive fraud arising out of breach of fiduciary duty); Anthony v. Padmar, Inc., 320 S.C. 436, 465 S.E.2d 745 (Ct. App. 1995) (breach of fiduciary duty and breach of partnership contract as basis of rescission of sale of partnership assets); Loftis v. Eck, 288 S.C. 154, 341 S.E.2d 641 (Ct. App. 1986)(construing complaint to allege breach of fiduciary duty to affirm setting aside deed).
The essential elements in a negligence action are: (1) a duty of care owed by the defendant to the plaintiff; (2) a breach of that duty by a negligent act or omission; and (3) damage proximately caused by a breach of duty. Rickborn v. Liberty Life Ins. Co., 321 S.C. 291, 468 S.E.2d 292 (S.C. 1996); Vinson v. Hartley, 324 S.C. 389, 477 S.E.2d 715 (Ct. App. 1996).
In his complaint, Hendricks alleged Clemson, through its agent Kennedy-Dixon, owed a fiduciary duty to competently advise him concerning course requirements necessary to achieve eligibility to play baseball. Hendricks further alleged he relied upon Kennedy-Dixon's judgment and advice to his detriment. Hendricks's allegations for breach of fiduciary duty sound in negligence. Accordingly, we reject Hendricks's assertion that his cause of action for breach of fiduciary duty is not controlled by the South Carolina Tort Claims Act.
Because we reverse the trial court's ruling as to whether Kennedy-Dixon's actions constitute gross negligence, we must address whether a fiduciary duty existed between Clemson University and Hendricks. "A fiduciary relationship exists when one reposes special confidence in another, so that the latter, in equity and good conscience, is bound to act in good faith and with due regard to the interests of the one reposing confidence." O'Shea v. Lesser, 308 S.C. 10, 15, 416 S.E.2d 629, 631(1992). A relationship must be more than casual to equal a fiduciary relationship. Steele v. Victory Sav. Bank, 295 S.C. 290, 368 S.E.2d 91 (Ct. App. 1988). "Courts of equity have carefully refrained from defining the particular instances of fiduciary relationship in such a manner that other and perhaps new cases might be excluded and have refused to set any bounds to the circumstances out of which a fiduciary relationship may spring." Brown v. Pearson, 326 S.C. 409, 422-423, 483 S.E.2d 477, 484 (Ct.App. 1997) (citations omitted).
In South Carolina, the existence of a fiduciary duty may be a factual question for the jury to determine. See Hotz v. Minyard, 304 S.C. 225, 403 S.E.2d 634, 637 (1991) ("We find the evidence indicates a factual issue whether [defendant] breached a fiduciary duty to [plaintiff] . . ."); State Farm Mut. Auto. Ins. Co. v. Turner, 303 S.C. 99, 399 S.E.2d 22 (Ct. App. 1990) (jury question raised as to whether insurance adjuster had fiduciary duty to tell victim he represented both victim and tort-feasor); Steele, 295 S.C. 290, 368 S.E.2d 91(whether remitter reposed special confidence and trust in bank sufficient to create a fiduciary relationship between payee bank and remitter was a factual question to be determined by the jury).
In the complaint, Hendricks has alleged sufficient facts to support a claim for breach of fiduciary duty:
Defendant and its agent and employee Dixon owed Plaintiff a fiduciary duty to competently advise Plaintiff as to course requirements to achieve academic eligibility to play baseball for Defendant and otherwise advance his baseball career.
20) Plaintiff placed trust, confidence an
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