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Benjamin v. Shaw

United States District Court, D. South Carolina, Florence Division

July 28, 2017

Georgeanna Benjamin, as Guardian ad Litem for Curtis Dolford, Plaintiff,
Adrian Shaw, Defendant.


          R. Bryan Harwell United States District Judge

         Plaintiff Georgeanna Benjamin brings this negligence action on behalf of her son, Curtis Dolford, against Defendant Adrian Shaw seeking actual and punitive damages for injuries that Mr. Dolford sustained in a motor vehicle accident. The matter is before the Court following a bench trial held on June 27, 2017.[1] The sole evidence presented at trial was the testimony of Ms. Benjamin and nine stipulated exhibits. Defendant[2] did not dispute liability, [3] but did dispute the amount of actual damages and Plaintiff's entitlement to punitive damages. Having considered the evidence and the parties' arguments, the Court issues the following Findings of Fact and Conclusions of Law pursuant to Rule 52(a) of the Federal Rules of Civil Procedure. To the extent that any findings of fact constitute conclusions of law, or vice-versa, they shall be so regarded.

         Initially, the Court notes that after Plaintiff rested her case, Defendant moved for nonsuit and directed verdict.[4] First, Defendant moved for judgment based on the same grounds argued in his summary judgment motion and also based on the Eighth Defense raised in his answer, which asserted res judicata/estoppel by prior judgment. The Court denies this motion for the same reasons explained in its order denying Defendant's motion for summary judgment. See ECF No. 44. That order thoroughly summarizes the procedural history of this case, Defendant's arguments, and the Court's legal conclusions.[5]

         Second, Defendant moved for judgment on the issue of punitive damages. The Court took this matter under advisement and now denies the motion, as explained below in the Conclusions of Law section.

         Findings of Fact

         I. Parties

         1. Plaintiff Georgeanna Benjamin (“Ms. Benjamin” or “Plaintiff”) is a citizen and resident of Darlington County, South Carolina. [Amended Complaint (ECF No. 23) at ¶ 1; Answer (ECF No. 24) at ¶ 1]

         2. Curtis Dolford (“Mr. Dolford”) is a citizen and resident of Darlington County, South Carolina, and is legally incompetent, thereby necessitating the appointment of a guardian ad litem. [Am. Compl. at ¶ 2; Answer at ¶ 2; Order on Petition to Appoint Guardian ad Litem (ECF No. 19)]

         3. Ms. Benjamin was appointed as the guardian ad litem for Mr. Dolford. [Am. Compl. at ¶ 3; Answer at ¶ 3; Order on Petition to Appoint Guardian ad Litem][6]

         4. Defendant Adrian Shaw (“Defendant Shaw” or “Defendant”) is a citizen and resident of North Carolina. [Am. Compl. at ¶ 4; Answer at ¶ 4]

         II. Underlying Accident

         5. The automobile collision that is the subject of this action occurred in Darlington County, South Carolina. [Am. Compl. at ¶ 5; Answer at ¶ 5]

         6. On January 31, 2013, Defendant Shaw was driving north on U.S. Highway 17 in a 1999 Mack dump truck with VIN #1M2AD62C3XW007692 and North Carolina License Plate #LR9702. [Am. Compl. at ¶ 7; Answer at ¶ 7].

         7. On January 31, 2013, Mr. Dolford was lawfully traveling south on U.S. Highway 17 in a 1989 Lincoln Sedan driven and owned by Brent O'Neal. [Am. Compl. at ¶ 8; Answer at ¶ 8]

         8. On January 31, 2013, while traveling on U.S. Highway 17, Defendant Shaw swerved to avoid a vehicle, crossed the centerline, and struck the vehicle carrying Mr. Dolford. [Am. Compl. at ¶ 9; Answer at ¶¶ 9, 11].

         9. Mr. Dolford was injured as a direct and proximate result of Defendant Shaw's vehicle striking the vehicle carrying Mr. Dolford. [Am. Compl. at ¶¶ 11-14; Answer at ¶¶ 11-12]

         II. Stipulated Exhibits

         10. The parties stipulated to the admission of nine exhibits, which consist of (1) a medical bill from Palmetto Health Richland, (2) a medical bill for air ambulance services provided by Air Methods Corporation, (3) Mr. Dolford's state identification card, and (4) six photos of the Lincoln Sedan and Mack truck involved in the accident. [See Exhibits 1-9]

A. The bill from Palmetto Health Richland is for a total amount of $742, 327.27. The bill itemizes various medical charges for intensive care, pharmacy/drugs, multiple operating room services, medical imaging (X-rays, CT scans, and an MRI), physical and occupational therapy, speech pathology, and other medical services. The bill indicates Mr. Dolford was admitted to Palmetto Health Richland (located in Columbia, South Carolina) on January 31, 2013, and was discharged on June 10, 2013. [Exhibit 1]
B. The bill for the air ambulance is for a total amount of $33, 104.60 for services provided on January 31, 2013. [Exhibit 2]
C. Mr. Dolford's state identification card indicates he was born on December 21, 1975. [Exhibit 3]. Thus, he was thirty-seven years old at the time of the accident, and currently is currently forty-one years old.
D. The six photos depict the 1989 Lincoln Sedan (in which Mr. Dolford was a passenger) and the 1999 Mack truck (that Defendant Shaw drove). [Exhibits 4-9] The Lincoln Sedan is demolished: the hood is crumpled, the engine is exposed, the front wheels are twisted, the roof is crushed-in, the doors are broken, and the interior passenger compartment is exposed. [Exhibits 4-8] The Mack truck appears relatively undamaged. [Exhibit 9]

         III. Ms. Benjamin's Testimony

         11. Ms. Benjamin was the sole witness at trial. The Court observed her demeanor and finds her testimony wholly credible and believable.

         12. Ms. Benjamin testified she is Mr. Dolford's mother and legal guardian, now provides care for him, and now handles all of his financial and legal affairs.

         13. Ms. Benjamin testified she first learned about the accident from her cousin while she was keeping her grandchildren. She arrived at the accident scene just as Mr. Dolford was being airlifted via helicopter to the hospital.[7] Mr. Dolford was in a coma for five weeks while in the hospital in Columbia, South Carolina.

         14. Ms. Benjamin testified about her personal knowledge and observations of Mr. Dolford's physical and mental condition before and after the accident, ...

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