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Hendericks v. Clemson University

3/20/2000

n in South Carolina for a decrease in chance of survival caused by mis-diagnosis in a claim for medical malpractice).


The third claimed category of damage is for a loss of an opportunity to play on the 1995-6 Clemson team and in the college world series, implicating his loss of the added exposure to professional baseball scouts and the experience that opportunity would have provided. Again, by their very nature, these allegations do not give rise to a cause of action. Cf. Owings, 318 S.C. 72, 456 S.E.2d 371 (1995).


I also disagree with the majority's conclusion that the evidence, taken in a light most favorable to Hendricks, gives rise to an inference of recklessness. I believe the trial court was correct in its analysis on this issue.


For these reasons, I would affirm the trial court, and would not address the other issues discussed in the majority opinion.




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