Culp v. Davis ( 2012 )

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
Thomas Culp, Appellant,
v.
Volanda Michelle Davis, Respondent.
Appellate Case No. 2011-190466
Appeal From York County
S. Jackson Kimball, III, Special Circuit Court Judge
Unpublished Opinion No. 2012-UP-509
Submitted July 2, 2012 – Filed September 5, 2012
AFFIRMED
E. Stacy Lewis and Bryan N. Sanchez, both of Lewis
Law Firm, LLC, of Rock Hill, for Appellant.
Michael T. Coulter and W. Todd Nichols, both of
Clarkson, Walsh, Terrell, & Coulter, PA, of Greenville,
for Respondent.
PER CURIAM: Thomas Culp appeals the circuit court's order granting summary
judgment in favor of Volanda Michelle Davis, arguing a genuine issue of material
fact exists as to Davis's negligence. We affirm1 pursuant to Rule 220(b), SCACR,
and the following authorities: Nelson v. Piggly Wiggly Cent., Inc., 390 S.C. 382,
387-88, 701 S.E.2d 776, 779 (Ct. App. 2010) ("When reviewing the grant of a
summary judgment motion, this court applies the same standard that governs the
circuit court under Rule 56(c), SCRCP."); Bloom v. Ravoira, 339 S.C. 417, 421,
529 S.E.2d 710, 712 (2000) ("Summary judgment is warranted if there is no
genuine issue as to any material fact and the moving party is entitled to a judgment
as a matter of law." (citing Rule 56(c), SCRCP)); Nelson, 390 S.C. at 388, 701
S.E.2d at 779 ("This standard requires all facts and reasonable inferences to be
drawn therefrom to be viewed in the light most favorable to the [non-moving
party]."); id. at 389, 701 S.E.2d at 779 ("A plaintiff seeking damages for personal
injuries incurred due to a defendant's negligent acts or omissions must prove each
element of his cause of action by a preponderance of the evidence. When the
burden of proof is by a preponderance of the evidence, a non-moving party need
only present a scintilla of evidence to withstand a motion for summary judgment."
(emphasis added)); Fettler v. Gentner, 396 S.C. 461, 466-67, 722 S.E.2d 26, 29
(Ct. App. 2012) ("A plaintiff, to establish a cause of action for negligence, must
prove the following four elements: (1) a duty of care owed by defendant to
plaintiff; (2) breach of that duty by a negligent act or omission; (3) resulting in
damages to the plaintiff; and (4) damages proximately resulted from the breach of
duty." (citations and quotation marks omitted)).
AFFIRMED.
FEW, C.J., and HUFF and SHORT, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.