Greene v. Medical University of South Carolina ( 2014 )

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
Jeremy Greene, Appellant,
v.
Medical University of South Carolina, Respondent.
Appellate Case No. 2013-001933
Appeal From Charleston County
R. Markley Dennis, Jr., Circuit Court Judge
Unpublished Opinion No. 2014-UP-468
Submitted September 1, 2014 – Filed December 17, 2014
AFFIRMED
Ronald L. Richter, Jr., of Bland Richter, LLP, of
Charleston, for Appellant.
Hugh Willcox Buyck, of Buyck, Sanders & Simmons,
LLC, of Mount Pleasant, and Deborah Harrison
Sheffield, of Law Office of Deborah Harrison Sheffield,
PA, of Columbia, for Respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: Doe v. Marion, 373 S.C. 390, 395, 645 S.E.2d 245, 247-48 (2007) ("In
reviewing the dismissal of an action pursuant to Rule 12(b)(6), SCRCP, the
appellate court applies the same standard of review as the trial court. . . . The
question is whether, in the light most favorable to the plaintiff, and with every
doubt resolved in his behalf, the complaint states any valid claim for relief."
(citations and internal quotation marks omitted)); Rolandi v. City of Spartanburg,
294 S.C. 161, 164, 363 S.E.2d 385, 386-87 (Ct. App. 1987) ("An implied in fact
contract is a contract which arises when the assent of the parties to the agreement is
manifested by conduct."); Stanley Smith & Sons v. Limestone Coll., 283 S.C. 430,
434, 322 S.E.2d 474, 477 (Ct. App. 1984) ("The parties must manifest their mutual
assent to all essential terms of the contract in order for an enforceable obligation to
exist."); Jones v. Gilstrap, 288 S.C. 525, 528, 343 S.E.2d 646, 648 (Ct. App. 1986)
(holding conclusory allegations that a contract exists are not sufficient to state a
claim for breach of contract); Banks v. Med. Univ. of S.C., 314 S.C. 376, 379, 444
S.E.2d 519, 521 (1994) (declining to recognize a cause of action for breach of an
implied contract arising from an alleged failure to provide adequate medical
treatment).
AFFIRMED.1
FEW, C.J., and THOMAS and LOCKEMY, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.