McKnight v. Chavez

• Court: Court of Appeals of South Carolina
• Decided: March 15, 2011
• Docket: 2011-UP-103
• Status: Unpublished

Opinion

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Frederick T. McKnight, as Personal Representative of the Estate of Brooks Leon Thomas, Appellant,

v.

Jose Chavez, M.D., Respondent.

---

Appeal From Lexington County
R. Knox McMahon, Circuit Court Judge

---

Unpublished Opinion No. 2011-UP-103
Submitted February 1, 2011 – Filed March 15, 2011   

---

AFFIRMED

---

J. Edward Bell, III, and C. Carter Elliott, Jr., both of Georgetown, for Appellant.

Julius W. McKay, II, and Cynthia K. Mason, both of Columbia, for Respondent.

PER CURIAM:  Frederick T. McKnight, as the personal representative of the estate of Brooks Leon Thomas, appeals the order of the circuit court granting summary judgment in favor of Dr. Jose Chavez.  McKnight argues the circuit court erred in (1) holding no duty of care existed as a matter of law; (2) holding no proximate causation existed as a matter of law; and (3) failing to rule on a survival claim.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:

1. As to whether the circuit court erred in holding no duty of care existed as a matter of law: McKnight v. Just Care, Inc., 385 S.C. 380, 684 S.E.2d 566 (Ct. App. 2009) (holding that, as a matter of law, a treatment center had no duty of care to decedent when decedent's suicide occurred nearly a year after discharge).

2. As to all other issues: Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 613, 518 S.E.2d 591, 598 (1999) (holding that an appellate court need not review remaining issues on appeal when its determination of a prior issue is dispositive).

AFFIRMED.

FEW, C.J., KONDUROS, J., and CURETON, A.J., concur.

---

[1] We decide this case without oral argument pursuant to Rule 215, SCACR.