Hoeffner Ex Rel. Estate of Hoeffner v. Citadel
Supreme Court of South Carolina
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,…
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