Winthrop University Trustees for the State v. Pickens Roofing & Sheet Metals, Inc.

791 S.E.2d 152, 418 S.C. 142, 2016 S.C. App. LEXIS 91
CourtCourt of Appeals of South Carolina
DecidedAugust 3, 2016
DocketAppellate Case No. 2014-000821; Opinion No. 5433
StatusPublished
Cited by3 cases

This text of 791 S.E.2d 152 (Winthrop University Trustees for the State v. Pickens Roofing & Sheet Metals, Inc.) 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
Winthrop University Trustees for the State v. Pickens Roofing & Sheet Metals, Inc., 791 S.E.2d 152, 418 S.C. 142, 2016 S.C. App. LEXIS 91 (S.C. Ct. App. 2016).

Opinion

MCDONALD, J.:

In this case arising from an extensive roof fire, a jury awarded the Winthrop University Trustees for the State of South Carolina (Winthrop) $7,223,343.14 in damages against Pickens Roofing and Sheet Metals, Inc. (Pickens). On appeal, Pickens argues the circuit court erred in (1) denying its motion for a new trial absolute based on the court’s refusal to strike a juror for cause; (2) denying its directed verdict motion as to liability; (3) failing to properly recharge the jury on proximate cause; (4) bifurcating the liability and damages phases of trial; (5) denying its directed verdict motion as to damages; and (6) failing to adjust the jury’s damages verdict to reflect Winthrop’s comparative negligence. We affirm.

FACTS & PROCEDURAL HISTORY

On March 6, 2009, a fire erupted on the roofs of Bancroft Hall and Owens Hall, two buildings on the campus of Winthrop University. Bancroft Hall, a U-shaped building, was originally constructed in 1909; Winthrop built Owens Hall adjacent to Bancroft Hall in 2007. Connecting Bancroft Hall and Owens Hall is a flat roof (the flat roof), which is situated lower than the pitched roofs of the two adjoining buildings.1

[149]*149In 2009, Winthrop sought bids for the Bancroft Hall reroof-ing project, which involved removing asbestos-containing shingles and updating the roofs appearance to be consistent with that of newly constructed Owens Hall. Winthrop hired Stafford Consulting Engineers (Stafford) to design and prepare specifications for the project. After Winthrop awarded the construction bid to Pickens, Stafford prepared a construction contract, incorporating the specifications into the contract terms. One specification required Pickens to maintain worksite safety precautions and “[cjomply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss.”2 Additionally, the following specification applied to storage areas for work materials: “Prior to starting work, obtain approval from Owner [Winthrop] for locations of work operations at ground level, such as material storage, hoisting, dumping, etc. Restrict work to approved locations.” Pursuant to the agreement, Winthrop approved storage of materials in (1) a “lay down” area on the ground in front of Bancroft Hall and (2) a nearby parking lot.

During the week of March 1-5, 2009, a three-man Pickens metal crew installed copper on the dormer windows of the Bancroft Hall roof. No other construction crews worked on Bancroft Hall or Owens Hall that week. The Pickens crew stored some roofing materials on the flat roof and did not remove them when they finished work around 4:00 p.m. on Friday, March 5. The following afternoon, a student noticed smoke emerging from the Owens Hall roof; campus police and the fire department responded to the scene. The fire burned for over twenty-four hours into the early evening of March 7. Despite using a stream of approximately 300 gallons of water per minute, the fire department had difficulty extinguishing the fire within the insulation layer of the Owens Hall roof.

On August 31, 2012, Winthrop filed a complaint against Pickens for (1) breach of contract, (2) breach of implied [150]*150warranty of workmanship, and (3) negligence. Winthrop alleged that Pickens’s storage of combustible construction materials on the flat roof—negligently and in violation of the contract terms—caused its fire-related damages. The case was tried by jury from March 17-21, 2014.

Before trial, the circuit court conducted voir dire of the potential jurors. During the jury selection process, the circuit court asked if any jurors or their family members had worked for or had a business relationship with Winthrop, Juror 25 stated, “I am a student researcher at Winthrop and I do know about this. ... I was there during the fire, the incident, so I know people who were affected by it.” When asked if she could remain impartial despite her experience and relationships, Juror 25 responded, “I could do that. I could do that. That’s not a problem. It’s just I wanted to say that I knew things that occurred.” When asked what specific knowledge she had, Juror 25 responded, “The fire, the incident, things that were said about how it occurred, and so forth.” Juror 25 asserted that she could be impartial despite her knowledge of the fire.

The circuit court also asked if any jurors or their family members were Winthrop graduates. Juror 25 stated she was a “recent graduate” but could remain impartial. Additionally, the circuit court asked if any member of the jury pool had heard about the case through media coverage. Juror 25 again responded, noting, “I watched it on the news. I am friends with students who were affected by the fire. They discussed some things that they knew and the school website and then some [of] the professors talked about it, but I don’t live on campus so I don’t know any specifics, but I have watched it.” The circuit court then stated:

This is very important. ... Could you put aside anything you may have heard about the case before coming here to court today or anything about it that happened, and render your decision solely on the sworn testimony and evidence that comes in during the trial and the court’s instruction on the law that applies and [render] a decision which is fair and impartial to both sides based solely on that evidence that applies. Could you do that or not do that?

Juror 25 responded affirmatively.

The court selected a twenty-person strike panel, which included Juror 25. During a recess before the parties exer[151]*151cised their peremptory strikes, Pickens apparently requested in chambers to strike Juror 25 for cause. Subsequently, Pick-ens exercised a peremptory strike on Juror 25. After the jury was sworn, Pickens placed its motion to strike Juror 25 for cause on the record, arguing the circuit court should strike Juror 25 because she “is a student at Winthrop University” who indicated she had watched the fire on the news and discussed it with students and faculty. Pickens argued, “I felt that that gave her a perspective on this case that other jurors would not have.”

The circuit court denied Pickens’s motion, finding that even though Juror 25 was a Winthrop graduate, she did not know any more specifics about the case than other jurors who knew about it had learned through news coverage. The circuit court also emphasized that Juror 25 responded affirmatively that she could be impartial when asked if she could put aside any prior knowledge and decide the case based on the evidence presented at trial. The circuit court noted that this decision differed from its decision to strike another juror who had a connection as a current employee, stating, “You demonstrated no cause to strike her solely [based] on whatever connection she might have known about the case before. ... In any event, you struck her. You are not prejudiced by that. She is not on the jury obviously.”

Before trial, Winthrop filed a motion in limine requesting bifurcation of the trial into liability and damages phases pursuant to Rule 42(b), SCRCP. Winthrop asserted the damages testimony could add several days to the trial and argued there were no genuine issues as to the extent of its damages. Pickens opposed the motion for bifurcation, and the parties discussed bifurcation in chambers.

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Bluebook (online)
791 S.E.2d 152, 418 S.C. 142, 2016 S.C. App. LEXIS 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winthrop-university-trustees-for-the-state-v-pickens-roofing-sheet-scctapp-2016.