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INMAN v. THOMPSON12/15/1988
Heard Oct. 19, 1988.
Decided Dec. 15, 1988.
Respondents, as administrators of the Estate of Michael Edward Inman, sued Appellant-Bonnie Gillian Thompson for the wrongful death of their son, Michael Edward Inman. The jury awarded the parents the sum of $90,000 actual damages. Thompson appeals the trial judge's denial of her motions for directed verdict, judgment notwithstanding the verdict, and a new trial. We affirm.
The evidence in this case is conflicting. The primary issue before the court is whether there was sufficient evidence to submit the case to the jury and to sustain its verdict. In deciding this question, the evidence together with all reasonable inferences to be drawn from it must be viewed in the light most favorable to Inman. Woods v. Rabon, 295 S.C. 343, 368 S.E.2d 471 (Ct. App. 1988). This court's review is limited to determining if there is any evidence to support the verdict. Id.
The Inmans' eight year old son Michael was killed when struck by a car driven by Thompson as her car passed a school bus. There are two different versions of what happened. However, viewed in the light most favorable to the Inmans, the evidence reveals the following.
Michael got off the school bus at his regular stop. He and a friend jogged down the shoulder of the road, passing cars stopped behind the bus. Michael ran between two of the cars in order to cross the road to go home. Without looking, the child ran into the path of Thompson's automobile. Thompson was traveling in the opposite direction from the bus at
At the time of impact the bus had not moved; the flashing stop lights were on; the stop sign arm was extended on the left side of the bus; and the children were still getting off the bus. The road is a two-lane secondary road with no median and is on a straightaway with no obstructions near the point of impact. The weather was clear. Before the accident, one of the witnesses in a vehicle stopped behind the bus saw the accident about to happen. He blew his horn and waved at Thompson to try to stop her.
On appeal, and at oral argument, Thompson's counsel acknowledged that for the purpose of this appeal, Thompson admits she was grossly negligent. He then frames the first issue for our review as whether the conduct of Michael constituted gross contributory negligence as a matter of law. Thompson relies principally on the case of Standard v. Shine, 278 S.C. 337, 295 S.E.2d 786 (1982).
Our Supreme Court in Standard v. Shine adopted the Restatement's view that "a minor's conduct should be judged by the standard of behavior to be expected of a child of like age, intelligence, and experience under like circumstances." Id. at 339, 295 S.E.2d at 787. Ordinarily, questions of proximate cause and contributory negligence are to be determined by the jury. Ballou v. Sigma Nu General Fraternity, 291 S.C. 140, 352 S.E.2d 488 (Ct. App. 1986). Likewise, credibility determinations are for the jury to decide. Seigler v. Yeargin Construction Co., Inc., 290 S.C. 383, 350 S.E.2d 518 (Ct. App. 1986).
Here there was evidence Thompson passed the school bus while it was stopped with its lights flashing and stop sign arm extended. Under such circumstances, Michael could rely on Thompson to obey the law and stop. Had she done so there would have been little need for Michael to stop, look, and listen before he crossed the street in front of her car. Motorists driving in an area where children are expected to be present have an intensified duty to be vigilant. Davenport v. Walker, 280 S.C. 588,
Thompson's final argument is that the trial judge committed error in charging last clear chance. In this regard, we note first that
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