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FORD v. SOUTH CAROLINA DEPT. OF TRANSP.9/29/1997
Evangeline M. Ford, individually, and as personal representative of the estate of Aaron D. Ford, appeals the grant of summary judgment to the South Carolina Department of
FACTS
On January 17, 1993, at about 5:00 a.m., Aaron D. Ford was driving south on State Road 185 when his car collided with a tree that had fallen across the road. Mr. Ford's car continued through the limbs of the tree and then veered off to his left and down an embankment adjacent to the road. Mr. Ford sustained severe head injuries and died as a result of the accident.
State Road 185, also known as Craig Farm Road, is a two-lane tar and gravel farm-to-market road in Lancaster County, South Carolina. The tree that had fallen across the road was a large, live, healthy hardwood tree of purely natural origin. It had been completely uprooted before falling across the road. The Carroll property, where the tree had stood before it fell, consists of 99 acres of rural, undeveloped, heavily wooded land and is located on the east side of State Road 185. The tree stood in a low-lying natural drainage area approximately fifteen feet below the grade of the road. Its base was approximately 45 feet from the center of the road, 37 feet from the edge of the pavement, and 14 feet beyond the right-of-way of the Department of Transportation.
During the two months immediately preceding the accident, it rained almost every day and the ground was saturated. A storm had occurred during the night of January 16 or the early morning hours of January 17, 1993. According to one witness, there were no trees in the road as late as 1:00 a.m. on January 17, 1993.
Evangeline M. Ford, the widow of Aaron D. Ford, sued the Department of Transportation and the Carrolls for damages under South Carolina's Wrongful Death Act, S.C. Code Ann. ยงยง 15-51-10 through 15-51-60 (1976 and Supp. 1996), alleging
Other facts will be discussed as they relate to the various issues on appeal.
ANALYSIS
Summary judgment is appropriate only when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. All evidence must be viewed in the light most favorable to the nonmoving party, and all reasonable inferences resolved in the same manner. Standard Fire Ins. Co. v. Marine Contracting & Towing Co., 301 S.C. 418, 392 S.E.2d 460 (1990). Summary judgment should be withheld when inquiry into the facts is desirable to clarify the application of the law. Hook v. Rothstein, 275 S.C. 187, 268 S.E.2d 288 (1980).
The central controversy in this appeal is whether Ford presented any evidence showing the defendants had actual or constructive knowledge of the conditions leading to the accident. See Simmons v. Winn-Dixie Greenville, 318 S.C. 310, 457 S.E.2d 608 (1995) (a storekeeper is not liable for injuries resulting from a defective condition of the premises absent actual or constructive notice of the condition); Inabinett v. State Highway Dep't, 196 S.C. 117, 12 S.E.2d 848 (1941) (the Department of Transportation is not liable for injuries from a falling tree unless it had actual or constructive notice of the tree's condition). The issue of notice, however, depends on the particular duty of care with which each defendant is charged. Cf. Norris v. Greenville, S. & A. Ry., Co., 111 S.C. 322, 97 S.E. 848 (1919) (mentioning due diligence as a factor in determining whether a party is presumed to have knowledge of undisclosed facts).
A. Liability of the Carrolls
On appeal, Ford does not argue the Carrolls had actual knowledge of the hazard that led to the accident. The Carrolls'
In Israel v. Carolina Bar-B-Que, Inc., 292 S.
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