Boan v. Blackwell
South Carolina Supreme Court
343 S.C. 498, 541 S.E.2d 242 (2001)
- Written by Serena Lipski, JD
Facts
Boan (plaintiff) sued Blackwell (defendant) for automobile negligence in a South Carolina state court. Blackwell admitted liability, and the amount of Boan’s damages went before a jury to determine. The judge instructed the jury to determine “physical and mental pain and suffering endured . . . the loss of enjoyment of life suffered as a result of the injury,” and other things. Blackwell objected to the wording of the charge, arguing that loss of enjoyment of life is merely a component of pain and suffering and should not be a separate form of damages. The trial judge did not act on the objection, so the petitioners appealed the jury charge to the court of appeals. The court of appeals held that the trial judge’s instructions were proper because they did not actually separate pain and suffering from loss of enjoyment of life as two separate forms of damage, but instead included loss of enjoyment of life as an explanation of pain and suffering. Blackwell appealed to the South Carolina Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Pleicones, J.)
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