SELF v. GOODRICH
12/18/1989
Heard Nov. 14, 1989.
Decided Dec. 18, 1989.
This is a medical negligence case arising from the death of an infant. The trial court directed a verdict for the respondents at the conclusion of the evidence. The court held the appellant failed to present any evidence of damages. The appellant appeals the order of the court.
Mary Louise Self, the appellant, was the mother of Jason Dyshon Self. The child was born prematurely in January 1984. After he came home from the hospital, Jason developed a breathing problem. His mother testified on February 10 she noticed he was breathing heavy and had a rattle in his chest. She took him to his pediatrician. Self testified the pediatrician said Jason was fine. Three days later she took Jason to another doctor who also found the child to be fine. His condition did not improve and on February 16 she took the child to McLeod Regional Medical Center where he was seen in the emergency room by Dr. Albert Goodrich, an emergency room physician and Dr. Luke Baxley, a family practice resident on rotation in emergency. After an examination and X-rays of the child, Self was referred back to the pediatrician. The pediatrician again saw the child on the following day and prescribed nose drops. Jason died on February 20, 1984. The autopsy report concluded he died of bilateral bronchopneumonia.
Self brought an action for the alleged
is parent has been caused great mental shock and
suffering. She has in the past and will forever be caused
grief and sorrow because of herr (sic) loss of decedent's
love, society and companionship. She has been deprived
of decedent's services, experience and judgment as well
as his monetary contributions to her.
The answer of Goodrich in response to this allegation admitted that "the death of the patient has caused mental shock and suffering to his parent and that she will be grieved and sorrowed because of her loss, but this Defendant denies the remaining allegations of said paragraph." McLeod Regional Hospital denied the allegation in its answer.
The case was tried before the court and a jury. At the conclusion of all the evidence counsel for both respondents moved for a directed verdict on the ground there had been no evidence of any element of damages including pecuniary loss, mental shock, wounded feelings, loss of companionship, or grief and sorrow. The appellant argued the jury could presume damages under South Carolina law based upon the intimacy of a parent-child relationship. The trial court granted the directed verdict motions. The court also granted a motion by Goodrich to amend his answer to comply with the proof of no showing of damages by the appellant.
PRESUMPTION OF DAMAGES
In a
Because Self failed to present evidence of pecuniary damages, the initial inquiry is whether she is entitled to the presumption she sustained damages based solely on her relationship to Jason. The general rule is that a presumption of pecuniary loss exists in favor of those legally entitled to services or support from the deceased. 25A C.J.S. Death Section 118 (1966). The law also appears to extend this presumption of pecuniary loss to parents entitled to the services and earnings of their minor child even though the
The law in South Carolina, however, appears to be contrary to the general law. In Mock v. Atlantic Coast Line R.R. Co., 227 S.C. 245, 87 S.E.2d 830 (1955), an action for the
It will be assumed that he was held in loving esteem by
his parents and that they experienced the natural feelings
of grief in the loss of a loving son. It cannot,
however, be assumed that they
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