 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
ROGERS v. S.C. PAROLE & COMM. CORRECTIONS11/27/1995
This is a wrongful death action in which respondent obtained a jury verdict in the amount of $600,000. We reverse.
FACTS
In 1985, Doris Rogers (Doris) was robbed, kidnapped, and murdered. Her assailants were Daniel Jones and Robert Vandroff (Vandroff). Seventeen days prior to Doris's murder, appellants released Vandroff pursuant to a supervised furlough program provided for in S.C. Code Ann. ยงยง 24-13-710 and -720. Vandroff had been serving time for breaking into the
In 1989, respondent brought this action for At trial, the jury returned a verdict for respondent in the amount of $600,000.
ISSUE
Did the trial judge err in denying appellants' motion
for a directed verdict?
DISCUSSION
At trial, appellants moved for a directed verdict on the ground that a common law duty to warn of the release of an individual from custody does not exist in this state and that even if such a duty does exist, they did not have a duty to warn Doris in this case. On appeal, appellants argue the trial judge erred in denying their directed verdict motion. We agree.
An essential element in a cause of action for negligence is the existence of a legal duty of care owed by the defendant to the plaintiff. Without such a duty, there can be no actionable negligence. South Carolina Elec. & Gas Co. v. Utilities Constr. Co., 244 S.C. 79, 135 S.E.2d 613 (1964); Kershaw Motor Co. v. Southern Ry. Co., 136 S.C. 377, 134 S.E. 377 (1926).
Generally, one has no duty to control the dangerous conduct of another or to warn a potential victim of such conduct. See Degenhart v. Knights of Columbus, 309 S.C. 114, 420 S.E.2d 495 (1992); Rayfield v. South Carolina
We hold such a duty to warn arises when a person being released from custody has made a specific threat of harm directed at a specific individual. See Sheerin v. State, 434 N.W.2d 633 (Iowa 1989) (the duty to warn depends upon and arises from the existence of a prior threat to a specific identifiable victim); Cairl v. State, 323 N.W.2d 20 (Minn. 1982) (a duty to warn exists only when specific threats are made against specific victims); Thompson v. County of Alameda, 27 Cal.3d 741, 167 Cal.Rptr. 70, 614 P.2d 728 (1980)(defendants had no affirmative duty to warn of the release of an inmate who had made nonspecific threats of harm directed at nonspecific victims).
In this case, however, there was no evidence presented that Vandroff ever made a specific threat to harm Doris. Therefore, appellants had no common law duty to warn Doris of Vandroff's release. Consequently, the trial judge erred in denying appellants' motion for a directed verdict. Carolina Home Builders, Inc. v. Armstrong Furnace Co., 259 S.C. 346, 191 S.E.2d 774 (1972) (when evidence presented at trial raises no issue for the jury as to defendant's liability, a motion for a directed verdict based on the sufficiency of the evidence should be granted); South Carolina Elec. & Gas Co. v. Utilities Constr. Co., supra; Kershaw Motor Co. v. Southern Ry. Co., supra. We need not address the remaining issues.
Reversed.
FINNEY, C.J., and GEORGE T. GREGORY, JR., Acting Associate Justice, concur.
TOAL, A.J., dissentts in separate opinion. ALEXANDER S.
MACAULEY, Acting Associate Justice, concurs with dissent in separate opinion.
I respectfully dissent. I agree with the majority's holding that when a defendant has the ability to monitor, supervise and control an individual's conduct, a special relationship exists between the defendant and the individual such that the defendant under certain circumstances has a common law duty to warn potenti
Page 1 2 3 South Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|