Legal Opinion · Concurrence

Wise v. Broadway

Supreme Court of South Carolina

Decided July 19, 1993No. 23908Published

1ConcurrenceChandler, Justice

I concur fully with the majority opinion but am constrained to respond to what I consider clearly erroneous legal positions taken in the dissent.

The single issue in question here involves a fundamental principle clearly enunciated, and long enunciated, in the tort law of South Carolina.

Simply stated, the question is: Does the violation of a statute by a party constitute evidence of recklessness, willfulness and wantonness from which a jury may find the party guilty of recklessness, willfulness and wantonness and award punitive damages. This question has been answered in the affirmative…

2Cases cited11 opinions

  1. Callison v. Charleston & W. C. Ry. Co.Supreme Court of South Carolina · 1916
  2. Bell v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1943
  3. Johnson v. ParkerSupreme Court of South Carolina · 1983
  4. Cubbage v. RoosSupreme Court of South Carolina · 1936
  5. Jumper v. GoodwinSupreme Court of South Carolina · 1962

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