June 21, 2017
From Richland County W. Jeffrey Young, Circuit Court Judge
R. Mullis, of Mullis Law Firm, PA, of Columbia, for
F. Hiser and Andrew Luther Richardson, Jr., both of McAngus
Goudelock & Courie, LLC, of Columbia, for Respondent.
action pursuant to the uninsured motorist statute, Willie
Jordan appeals the circuit court's order granting summary
judgment to Jane Doe as a result of Jordan's failure to
comply with section 38-77-170(3) of the South Carolina Code
(2015). We reverse.
March 13, 2014, Willie Jordan filed a Jane Doe action
claiming he was struck by an unknown driver and suffered
injuries as a result of that accident. Jordan claimed he left
his job at Owen Steel at 2:30 p.m. on April 1, 2011, to pick
up a friend at a local store. Jordan parked his truck and,
while walking to the store, made a phone call on his cell
phone. Jordan claims a woman in a gray van then backed into
him, driving him to the pavement. Jordan stated the woman got
out of her van, saw him under the rear bumper, and yelled,
"Them damn telephones will get you killed."
According to Jordan, the van then left the parking lot
claimed he got up and asked other people in the parking lot
which way the van went. Jordan then got back in his truck and
drove around the area for approximately 20 minutes looking
for the van, but could not find it. After his search, Jordan
returned to the scene of the accident.
went to one of the businesses in the shopping center to ask
the owner if there was video of the driver. The store clerk
indicated she had seen the driver and she frequented the
store. The clerk also told Jordan the store's
surveillance equipment captured an image of the driver.
Jordan saw the picture but did not ask for a copy of the
video. Jordan did not ask the clerk if she knew the identity
of the driver.
next morning, Jordan woke up in pain and went to the
emergency room for treatment. A nurse told Jordan he was
going to call the police to report the accident. A police
report prepared after speaking with Jordan indicates
Mr. Jordan stated the only reason he called law enforcement
is because on today when visiting the hospital, hospital
employees told him to do so. Mr. Jordan did not want law
enforcement to be involved. Mr. Jordan stated that he did not
want to prosecute. Mr. Jordan stated that he did not know if
it was intentional or unintentional . . . . Mr. Jordan stated
there was a video camera at the incident location.
police report also indicated officers spoke with the manager
of the store the driver frequented. Officers took a picture
of the driver from the store's video camera "for
investigative purposes." An additional narrative
attached to the police report indicates "Mr. Jordan will
Doe filed a motion for summary judgment, alleging Jordan
failed to comply with section 38-77-170 of the South Carolina
Code, and Doe was entitled to judgment as a matter of law.
During the motion hearing Doe asserted Jordan was negligent
in failing to determine who the driver was and failed to
produce an affidavit by an accident witness until four years
after the accident. After the hearing, the circuit court
issued an order granting Doe's motion ...