Legal Opinion

Gause v. Smithers

Supreme Court of South Carolina

Decided June 5, 2013No. Appellate Case No. 2011-183646; No. 27261PublishedCited by 17 opinions

1Opinion of the CourtJustice Hearn

Edward William Hunt (Father) appeals a jury verdict in favor of Don Gause finding him liable under the family purpose .doctrine for damages caused by the negligence of Edward Raymond Hunt (Son). Father argues he cannot be found liable under the family purpose doctrine; Son’s actions were not a proximate cause of Gause’s injuries; he should be granted a new trial due to prejudicial statements and a defective verdict form; and the punitive damages award should be overturned as impermissible under the family purpose doctrine. We affirm in part and reverse in part.

FACTUAL/PROCEDURAL BACKGROUND

Gaus…

2Cases cited20 opinions

  1. Elam v. South Carolina Department of TransportationSupreme Court of South Carolina · 2004
  2. Welch v. EpsteinCourt of Appeals of South Carolina · 2000
  3. Law v. South Carolina Department of CorrectionsSupreme Court of South Carolina · 2006
  4. RFT Management Co. v. Tinsley & Adams L.L.P.Supreme Court of South Carolina · 2012
  5. Matthews v. PorterSupreme Court of South Carolina · 1962

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3Cited by17 opinions

  1. Stephens v. CSX Transportation, Inc.Supreme Court of South Carolina · 2015
  2. Winthrop University Trustees for the State v. Pickens Roofing & Sheet Metals, Inc.Court of Appeals of South Carolina · 2016
  3. Graham v. Town of LattaCourt of Appeals of South Carolina · 2016
  4. Cornell v. DonajkowskiDistrict Court, D. South Carolina · 2020
  5. Dawkins v. SellCourt of Appeals of South Carolina · 2021

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