Legal Opinion

Hoeffner Ex Rel. Estate of Hoeffner v. Citadel

Supreme Court of South Carolina

Decided April 12, 1993No. 23840PublishedCited by 41 opinions

1Opinion of the Court

Harwell, Chief Justice:

Ann M. Hoeffner and Thomas F. Hoeffner (Hoeffners) brought a wrongful death action against The Citadel and Joseph C. Franz, M.D. (Franz), after their son committed suicide. After the jury returned a verdict for respondents, the Hoeffners appealed, alleging, among other things, that the trial judge erred by instructing the jury that an act of suicide could constitute assumption of the risk. We agree that the trial judge’s charge on assumption of the risk was inappropriate, and reverse for a new trial.

I. FACTS

In January 1987, Gerald Hoeffner (Gerald), a Citadel sophomore,…

2Cases cited15 opinions

  1. Cowan v. DoeringSupreme Court of New Jersey · 1988
  2. Bramlette Ex Rel. Estate of Bramlette v. Charter-Medical-ColumbiaSupreme Court of South Carolina · 1990
  3. Eisel v. Board of EducationCourt of Appeals of Maryland · 1991
  4. Brandvain v. Ridgeview Institute, Inc.Court of Appeals of Georgia · 1988
  5. Hofer v. St. ClairSupreme Court of South Carolina · 1989

10 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Strother v. Lexington County Recreation CommissionSupreme Court of South Carolina · 1998
  2. Lee v. CorregedoreHawaii Supreme Court · 1996
  3. Davenport v. Cotton Hope Plantation Horizontal Property RegimeSupreme Court of South Carolina · 1998
  4. Moore v. MooreCourt of Appeals of South Carolina · 2004
  5. Proctor v. Department of Health & Environmental ControlCourt of Appeals of South Carolina · 2006

36 more not listed; retrieve them via the Exa API.

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