Chakrabarti v. City of Orangeburg

743 S.E.2d 109, 403 S.C. 308, 2013 WL 1830951, 2013 S.C. App. LEXIS 143
CourtCourt of Appeals of South Carolina
DecidedMay 1, 2013
DocketAppellate Case No. 2012-207348; No. 5126
StatusPublished
Cited by8 cases

This text of 743 S.E.2d 109 (Chakrabarti v. City of Orangeburg) 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
Chakrabarti v. City of Orangeburg, 743 S.E.2d 109, 403 S.C. 308, 2013 WL 1830951, 2013 S.C. App. LEXIS 143 (S.C. Ct. App. 2013).

Opinion

SHORT, J.

In this negligence and inverse condemnation case, the City of Orangeburg (Orangeburg) appeals, arguing the trial court erred in: (1) concluding its demolition of Ajoy and Sukla Chakrabartis’ house amounted to inverse condemnation requiring payment of just compensation; (2) denying its motions for a directed verdict and judgment notwithstanding the verdict (JNOV) on the causes of action for gross negligence and sovereign immunity; and (3) awarding two distinct damage amounts on the two causes of action. We affirm in part and reverse in part.

FACTS

In 2003, the Chakrabartis purchased a fire-damaged house located in Orangeburg, South Carolina. Ultimately, Orange-burg determined the house to be a nuisance and condemned it under the International Property Maintenance Code (IPMC), which Orangeburg adopted as its building maintenance code. Orangeburg demolished the house in August 2005. On July 26, 2007, the Chakrabartis filed a complaint against Orange-burg, alleging negligence in condemning the house as a nuisance and demolishing it and seeking actual damages. In its answer, Orangeburg asserted fourteen defenses including: (1) collateral estoppel/res judicata; (2) waiver; (3) sole and comparative negligence of the Chakrabartis; and (4) immunity under the South Carolina Tort Claims Act (the Act). The Chakrabartis filed an amended complaint, adding additional causes of action for wrongful condemnation, inverse condemnation, and trespass.1

A trial was held October 5-7, 2011, with the issue of inverse condemnation being tried by the bench and all other causes of action, including the amount of damages, being decided by the jury. At the close of the Chakrabartis’ case, Orangeburg [313]*313made motions for a directed verdict as to the negligence and inverse condemnation causes of action, and as to its immunity-under the Act. The court denied the motions, finding there was sufficient evidence in the record to create a factual question for the jury to determine if Orangeburg was grossly negligent. At the close of all evidence, the Chakrabartis moved to amend their pleadings to conform to the gross negligence standard and withdraw their cause of action for negligence with no objection from Orangeburg. The court determined there was a compensable taking, and the jury returned a verdict of gross negligence and awarded damages of $165,000 for negligence and $85,000 for just compensation. The Chakrabartis moved post-trial to elect the negligence verdict of $165,000 and preserve their right under the inverse condemnation award in the event the negligence award was reduced or set aside. Orangeburg filed a motion for JNOV, and in the alternative, for a new trial or new trial nisi remittitur, and for an order requiring the Chakrabartis to elect a remedy. The court denied all of Orangeburg’s motions. This appeal followed.

STANDARD OF REVIEW

When reviewing the denial of a motion for a directed verdict, this court views the evidence and all reasonable inferences in the light most favorable to the nonmoving party. Pond Place Partners, Inc. v. Poole, 351 S.C. 1, 15, 567 S.E.2d 881, 888 (Ct.App.2002). A directed verdict motion is properly granted if the evidence as a whole is susceptible of only one reasonable inference. Id. In ruling on a directed verdict motion, the trial court is concerned only with the existence or non-existence of evidence. Id. This court will only reverse the trial court when there is no evidence to support the ruling below. Id.

When considering a motion for JNOV, the trial court is concerned with the existence of evidence, not its weight. Curcio v. Caterpillar, Inc., 355 S.C. 316, 320, 585 S.E.2d 272, 274 (2003). When reviewing the denial of a motion for JNOV, this court does not have the authority to decide credibility issues or to resolve conflicts in the testimony or the evidence, and the jury’s verdict must be upheld unless no evidence reasonably supports the jury’s findings. Id.

[314]*314LAW/ANALYSIS

Orangeburg argues the trial court erred in denying its motions for a directed verdict and JNOV on the Chakrabartis’ cause of action for gross negligence. We disagree.

Orangeburg argues the Chakrabartis were not entitled to recovery on their gross negligence cause of action because they presented no evidence of a breach by Orangeburg of any duty owed to the Chakrabartis in connection with Orange-burg’s decision to condemn and demolish their house. Orangeburg also argues the Chakrabartis did not show its decision to demolish their house was inconsistent with or violated its internal property maintenance code; thus, there was no evidence of gross negligence.

A plaintiff must prove three elements to recover on a claim for negligence: (1) a duty of care owed by the defendant to the plaintiff; (2) a breach of that duty by a negligent act or omission; and (8) damage proximately resulting from the breach. Carolina Chloride, Inc. v. Richland Cnty., 394 S.C. 154, 163, 714 S.E.2d 869, 873 (2011). “If any of these elements is absent a negligence claim is not stated.” Summers v. Harrison Constr., 298 S.C. 451, 455, 381 S.E.2d 493, 495 (Ct.App.1989). “The court must determine, as a matter of law, whether the law recognizes a particular duty[, and] [i]f there is no duty, then the defendant in a negligence action is entitled to a directed verdict.” Steinke v. S.C. Dep’t of Labor, Licensing & Regulation, 336 S.C. 373, 387, 520 S.E.2d 142, 149 (1999).

“Ordinarily, under South. Carolina’s public duty doctrine, public officials are ‘not liable to individuals for their negligence in discharging public duties as the duty is owed to the public at large rather than [to] anyone individually.’ ” Tanner v. Florence Cnty. Treasurer, 336 S.C. 552, 561, 521 S.E.2d 153, 158 (1999) (quoting Jensen v. Anderson Cnty. Dep’t of Soc. Servs., 304 S.C. 195, 199, 403 S.E.2d 615, 617 (1991)). “Generally, there is no common law duty to act. An affirmative legal duty, however, may be created by statute, contract relationship, status, property interest, or some other [315]*315special circumstance.” Jensen, 304 S.C. at 199, 403 S.E.2d at 617.

The Act is the “exclusive and sole remedy for any tort committed by an employee of a governmental entity while acting within the scope of the employee’s official duty.” S.C.Code Ann. § 15-78-200 (2005). The Act provides that “[t]he State, an agency, a political subdivision, and a governmental entity are liable for their torts in the same manner and to the same extent as a private individual under like circumstances, subject to the limitations upon liability and damages, and exemptions from liability and damages, contained herein.” S.C.Code Ann. § 15-78-40 (2005).

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Bluebook (online)
743 S.E.2d 109, 403 S.C. 308, 2013 WL 1830951, 2013 S.C. App. LEXIS 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chakrabarti-v-city-of-orangeburg-scctapp-2013.