Campbell v. Robinson

726 S.E.2d 221, 398 S.C. 12, 2012 WL 1618670, 2012 S.C. App. LEXIS 124
CourtCourt of Appeals of South Carolina
DecidedMay 9, 2012
DocketNo. 4969
StatusPublished
Cited by13 cases

This text of 726 S.E.2d 221 (Campbell v. Robinson) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campbell v. Robinson, 726 S.E.2d 221, 398 S.C. 12, 2012 WL 1618670, 2012 S.C. App. LEXIS 124 (S.C. Ct. App. 2012).

Opinion

THOMAS, J.

These cross appeals arise out of a broken engagement between Matthew Campbell and Ashley Robinson. Campbell appeals the trial court’s (1) denial of his motions for directed verdict and judgment notwithstanding the verdict (JNOV) and (2) overruling of his objections to the jury charge and verdict form. Robinson appeals the trial court’s denial of her post-trial motions. We affirm in part, reverse in part, and remand.

FACTS AND PROCEDURAL HISTORY

Campbell proposed and presented a ring to Robinson in December 2005. In a spring 2006 phone conversation, they agreed to postpone the wedding. The engagement was later cancelled, and a dispute ensued over ownership of the ring.

Campbell filed suit against Robinson, demanding a jury trial and seeking (1) declaratory judgment that he owned the ring and was entitled to the ring’s return or equivalent value; (2) claim and delivery of the ring, plus damages for the ring’s wrongful retention; and (3) restitution for the benefit Robinson received while possessing the ring. Robinson answered and raised a counterclaim for breach of promise to marry, arguing she was entitled to damages for her prenuptial expenditures, mental anguish, and injury to health.

At trial, Robinson testified the engagement ended simply because Campbell cancelled it. She also testified that after the engagement was cancelled, she asked Campbell twice [17]*17whether she should return the ring. She maintained that Campbell, in response to her inquiries, said she should keep the ring. Campbell testified that he gave Robinson the ring believing they would get married. He denied ending the engagement by himself and contended the cancellation was mutual. He also denied telling Robinson that she should keep the ring. He contended Robinson refused to give him the ring after he asked for its return.1

Campbell moved for directed verdict on Robinson’s action for breach of promise to marry, arguing South Carolina no longer recognizes the claim. He also moved for directed verdict on his claims, maintaining he was entitled to the ring because the ring was a gift conditioned upon the marriage. Robinson moved for directed verdict on all of the parties’ causes of action. The trial court held (1) South Carolina has not abolished actions for breach of promise to marry and (2) South Carolina courts hinge entitlement to the ring upon who was “at fault” in the engagement’s cancellation. Consequently, the trial court explained that Campbell would receive the ring if Robinson was at fault in terminating the engagement. If Campbell was at fault, Robinson would keep the ring, and if Campbell breached the promise to marry, Robinson could recover damages. The trial court rejected Campbell’s argument that he could recover damages on his claims.

The trial court charged the jury consistent with the above explanation and provided a verdict form asking the jury to determine which “party was responsible for the termination of the contract to marry.” The court then overruled Campbell’s jury charge and verdict form objections, which were based upon the same grounds he raised at the directed verdict stage. The jury found that Campbell was responsible for the termination of the engagement but also found that Robinson was not entitled to any damages. Campbell moved for JNOV or a new trial absolute. Robinson moved for JNOV and “a new trial on the sole issue of damages,” arguing the jury rendered an inconsistent verdict. The trial court denied the motions, and this appeal followed.

[18]*18ISSUES ON APPEAL

1. Did the trial court err in denying Campbell’s motion for directed verdict on Robinson’s breach of promise to marry action?

2. Did the trial court err in denying Campbell’s motions for directed verdict and JNOV on his claims?

3. Did the trial court err in overruling Campbell’s objections to the jury charge and verdict form?

4. Did the trial court err in denying Robinson’s post-trial motions for her breach of promise to marry action?

CAMPBELL’S APPEAL

I. The Action for Breach of Promise to Marry

Campbell argues the trial court erred in denying his motion for directed verdict on Robinson’s breach of promise to marry action because South Carolina courts no longer recognize the claim. He acknowledges our supreme court in Bradley v. Somers, 283 S.C. 365, 322 S.E.2d 665 (1984), explicitly refused to eliminate promise to marry claims. Id. at 368-69, 322 S.E.2d at 667. However, he maintains Russo v. Sutton, 310 S.C. 200, 422 S.E.2d 750 (1992), effectively overruled Bradley because it established a policy disfavoring “heart balm” actions. We disagree.

Certain heart balm actions similar to breach of promise to marry claims have been abolished. See Russo, 310 S.C. at 204-05, 205 n. 5, 422 S.E.2d at 753, 753 n. 5 (abolishing the heart balm action for alienation of affection and recognizing our legislature abolished the heart balm action for criminal conversation); Heape v. Heape, 335 S.C. 420, 424, 517 S.E.2d 1, 3 (Ct.App.1999) (noting Russo’s holding as to alienation of affection and the legislature’s action as to criminal conversation). However, promise to marry actions have not been expressly abolished, and we may not overrule supreme court precedent such as Bradley. See S.C. Const, art. V § 9 (“The decisions of the Supreme Court shall bind the Court of Appeals as precedents.”). Consequently, we affirm the denial of Campbell’s directed verdict motion.

[19]*19II. Directed Verdict and JNOV

Campbell contends the trial court erred in denying his motions for directed verdict and JNOV because the trial court hinged ownership of the ring upon who was at fault in the engagement’s cancellation. We agree that fault does not determine ownership of the ring but affirm the denial of Campbell’s motions.2

“When reviewing the denial of a motion for directed verdict or JNOV,” we must “view the evidence and inferences that reasonably can be drawn from the evidence in the light most favorable to the non-moving party.” Pridgen v. Ward, 391 S.C. 238, 243, 705 S.E.2d 58, 61 (Ct.App.2010) (internal quotation marks omitted). We will reverse the trial court’s ruling only “when there is no evidence to support the ruling or when the ruling is controlled by an error of law.” Id. (internal quotation marks omitted).

An engagement ring by its very nature is a symbol of the donor’s continuing devotion to the donee. Once an engagement is cancelled, the ring no longer holds that significance. See, e.g., Heiman v. Parrish, 262 Kan. 926, 942 P.2d 631, 634 (1997); McIntire v. Raukhorst, 65 Ohio App.3d 728, 585 N.E.2d 456, 457-58 (1989); Lindh v. Surman, 560 Pa. 1, 742 A.2d 643, 645 (1999); Brown v. Thomas, 127 Wis.2d 318, 379 N.W.2d 868, 872 (1985), abrogation on other grounds recognized by Koestler v. Pollard, 162 Wis.2d 797, 471 N.W.2d 7, 9 n. 4 (1991); 38A C.J.S. Gifts § 41 (2011).

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Cite This Page — Counsel Stack

Bluebook (online)
726 S.E.2d 221, 398 S.C. 12, 2012 WL 1618670, 2012 S.C. App. LEXIS 124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-robinson-scctapp-2012.