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Hendericks v. Clemson University3/20/2000
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Finally, Hendricks argues the trial court erred in holding, as a matter of law, that Hendricks suffered no measurable damages. In the proceedings before the trial court, Hendricks argued he was entitled to the cost of his semester at Clemson, including tuition, room, board, and living expenses. He also alleged he was entitled to the costs of completing his education at St. Leo because he forsook his athletic scholarship there to attend Clemson. Finally, Hendricks asked for damages for loss of opportunity, including loss of the 1996 College World Series experience, loss of the opportunity to play NCAA Division 1 baseball, and loss of professional baseball opportunities.
We agree with the trial court that Hendricks's claims for lost professional baseball opportunities, lost 1996 College World Series experience, and lost NCAA Division I baseball experience are too speculative to be compensated. However, we cannot say, as a matter of law, Hendricks suffered no damages. The issue of the remaining damages is remanded to the trial court for further consideration.
CONCLUSION
We reverse the trial court's ruling on Hendricks's negligence and contract causes of action. We affirm the trial court's determination that the Tort Claims Act applies to Hendricks's breach of fiduciary duty claim, but reverse the court's determination that Clemson's actions do not constitute gross negligence as a matter of law. We affirm the trial court's ruling that Hendricks's damages are speculative as related to lost professional baseball opportunities, lost 1996 College World Series experience, and lost opportunity for playing NCAA Division I baseball. However, we reverse the trial court's ruling as to the remaining damages. We remand this action to the trial court for further proceedings consistent with this opinion.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
HEARN, C.J. and CURETON, concur. HOWARD, J., dissents in separate opinion.
HOWARD, J., DISSENTING: I respectfully disagree with the majority's conclusions, and I would affirm the trial court.
First and foremost, I do not believe Hendricks presented a viable claim for damages. As the majority points out in Part IV of the opinion, Hendricks asserted three categories of damage. The first claim is that he was damaged in the amount he expended for tuition, room, board, and other living expenses while at Clemson. However, nowhere does he allege that Clemson gave him an athletic scholarship whereby they contractually agreed to pay these college related expenses. He attended Clemson and paid the normal tuition and related costs, receiving the education he contracted to receive. Clemson provided the courses he enrolled in, and there is no allegation that Clemson withheld any benefit which he paid to receive. Consequently, I believe this element of damage fails as a matter of law.
Second, he claims his tuition and related costs at St. Leo when he returned to complete his education because he had foregone his scholarship to attend Clemson. However, he does not allege Clemson contractually agreed to allow him to play on the varsity baseball team. Under his view of the facts, Clemson only agreed that he could try out for the team, and play if he was good enough. This was merely an expectation of a chance in the future to play, with no contractual right to insist upon playing. Consequently, under Hendricks's own view of the facts, he merely had a future expectation of an increased chance to play baseball at Clemson. Our supreme court has clearly stated that there is no cause of action in such circumstances. Cf. Jones v. Owings, 318 S.C. 72, 456 S.E.2d 371 (1995) (there is no cause of actio
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