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ANDERSON v. S.C.D.H.P.T.6/10/1996
This Court granted a writ of certiorari to review the decision of the Court of Appeals in this personal injury action. We affirm in result.
FACTUAL/PROCEDURAL BACKGROUND
Jean M. Anderson brought an action against the South Carolina Department of Highways and Public Transportation ("Highway Department") after she fell and injured herself on a sidewalk. On December 9, 1988, Anderson was going to the
She alleged in her complaint that Highway Department negligently maintained the sidewalk and the area between the sidewalk and the road. At trial she moved for a directed verdict as to liability; the court did not rule on the motion. The case was sent to the jury on the issues of general negligence and contributory negligence, and the jury returned a general verdict for Highway Department. After the trial, the court granted Anderson's motion for a directed verdict on the issue of the improper maintenance of the sidewalk. The judge concluded that it was not possible to determine whether the jury reached its verdict for Highway Department on the basis of Anderson's failure to prove improper maintenance, Anderson's failure to prove proximate cause, or Highway Department's success in proving contributory negligence. Accordingly, the only appropriate remedy was the granting of a new trial.
Highway Department appealed the court's order, and the Court of Appeals reversed, finding that under the "two issue" rule, the jury's verdict should have been sustained. Anderson petitioned for a writ of certiorari, which we granted. She argues that the Court of Appeals improperly applied the "two issue" rule. We agree with this argument, but find there exist other grounds on which the trial court's ruling should have been reversed. Accordingly, we affirm in result the decision of the Court of Appeals.
LAW/ANALYSIS
A. "Two Issue" Rule
"Under the `two issue' rule, when the jury returns a general verdict involving two or more issues and its verdict is supported as to at least one issue, the verdict will not be reversed on appeal." Todd v. South Carolina Farm Bureau Mut. Ins. Co., 287 S.C. 190, 193, 336 S.E.2d 472,
These two applications of the "two issue" rule are illustrated in the following example: A case is submitted to the jury on the issues of defamation and invasion of privacy. The jury returns a general verdict for the plaintiff. The defendant appeals, arguing that the trial court erred by failing to direct a verdict on the defamation issue. Under one application of the "two issue" rule, an appellate court would affirm because defendant has failed to appeal the invasion of privacy issue as well. Assuming, however, that the defendant has appealed both issues, the appellate court would affirm on the basis of a second application of the "two issue" rule, if either of the two issues supported affirmance.
In the instant case, the Court of Appeals concluded:
Assuming the trial judge was correct in directing a verdict
on the issue of the Highway Department's negligence, the
jury could have found either (1) the Highway Department's
negligence did not proximately cause Anderson's
The opinion of the Court of Appeals reasoned that if the verdict is susceptible of two constructions, one of which will uphold the verdict and the other which will defeat it, the one which will uphold it is preferred. It essentially found that the trial court erred by not applying the "two issue" rule to uphold the jury's verdict.
We decline to adopt this unusual application of the "two issue" rule for three reasons. Initially, the rule is utilized by courts on appeal, not trial courts. Secondly, the rule is a
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