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ANDERSON v. S.C.D.H.P.T.6/10/1996
procedural tool for upholding, not reversing, decisions. Thirdly, the practical effects of the Court of Appeals' application of the "two issue" rule are undesirable. Such an application would discourage trial courts from correcting errors. Because the jury's general verdict could potentially be upheld anytime it was susceptible of two or more constructions, there would be no incentive for trial courts to correct errors, such as through the direction of a post-trial verdict. Accordingly, we decline to adopt such an application of the "two issue" rule.
B. Directed Verdict
Although we reject the Court of Appeals' interpretation of the "two issue" rule, we affirm its decision in result because the circuit court erred in finding that as a matter of law Highway Department was negligent in maintaining the sidewalk. A verdict should not be directed in a negligence action where there is a question of fact for the jury, and the evidence is such that reasonable persons might differ. Griffin v. Griffin, 282 S.C. 288, 318 S.E.2d 24 (Ct.App. 1984). The question of whether due care was exercised is controlled by the circumstances of the particular case and will not be determined by the court, as a matter of law, if the testimony is conflicting or the inferences to be drawn therefrom are doubtful. Jarvis v. Green, 257 S.C. 558, 186 S.E.2d 765 (1972). If the inferences properly deducible from controverted evidence are doubtful, or tend to show both parties guilty of negligence, and there may be a fair difference of opinion as to whose act proximately caused the injury complained of, then the question must be submitted to a jury. McVey v. Whittington,
There clearly exists conflicting evidence in the record whether Highway Department was negligent by improperly maintaining the sidewalk. See R. p. 29 ("I don't think [sidewalk] was broken."); R. p. 36 (There was a two to four inch drop-off between the sidewalk and the nearby dirt.); R. p. 40 (" he sidewalk was in good shape — at the edge of the sidewalk — was maybe a couple inches drop by the edge of the sidewalk."); R. p. 45 (Grade next to sidewalk was not up to engineering standards.); R. p. 50 (The surface of the sidewalk was in good condition.); R. p. 66 (Sidewalk did not need any maintenance.); R. p. 67 (Area adjacent to sidewalk was not "bad," although adding "a little dirt in it would be alright"; however, normally maintenance would not be carried out for this type of condition.); R. p. 68 (Highway Department had not received any reports regarding this sidewalk area prior to this incident.); R. pp. 71-72 (Condition of sidewalk was below Highway Department's standard that the sidewalk and adjacent land be level, but condition was "not enough to repair."). Because there existed conflicting testimony, it was not proper for the court to have determined that as a matter of law Highway Department was negligent.
Furthermore, the issue of defectiveness of a sidewalk is ordinarily a jury question. See Cooley v. Arizona Pub. Serv. Co., 173 Ariz. 2, 839 P.2d 422, 422 (Ct. App. 1991)("If reasonable minds can differ as to whether a sidewalk is defective, the question is one for the jury."); Repinski v. Jubilee Oil Co., 85 Ill. App.3d 15, 40 Ill. Dec. 291, 295, 405 N.E.2d 1383, 1387 (Ill. App. Ct. 1980)("The question is properly withdrawn from a jury only where all reasonable minds would agree that a purported defect is so minor that no danger to pedestrians could reasonably be foreseen."); City of St. Petersburg v. Roach, 148 Fla. 316, 4 So.2d 367, 368 (1941) (en banc)("We cannot undertake to fix with mathematical nicety the proportions of flaws in the sidewalks maintained by municipalities which may result in actionable injury to pedestrians. Cases in wh
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