Berberich v. Jack
392 S.C. 278
S.C.2011Background
- Berberich contracted to perform work on Jack's Florence home; dispute over sprinkler system use during project.
- Sprinkler system automatically waters yard; Berberich asked to shut off; Jack allegedly refused and warned to lock controls.
- On August 9, 2002, Berberich, working on a ladder near a sprinkler zone, slipped on a wet rung and was injured.
- Jack allegedly locked sprinkler controls and did not call for aid when Berberich fell; Berberich later required medical treatment.
- Berberich sued Jack on Apr 29, 2004 for negligence with requests to define recklessness, willfulness, and wantonness; sought punitive damages.
- Trial court denied Berberich’s requested jury instructions; jury found 75% Berberich fault, 25% Jack fault; verdict for Jack; Berberich moved for JNOV/new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion in denying definitions for recklessness, willfulness, wantonness and related instructions | Berberich | Jack | Reversed: definitions required; new trial needed |
| Whether ordinary negligence can be compared to reckless/willful/wanton conduct under comparative negligence | Berberich | Jack | Reversed: all forms of negligence may be compared; should be defined to jurors |
| Whether heightened forms of wrongdoing should receive greater weight than ordinary negligence | Berberich | Jack | Rejected: no special weighting; offsets within comparative scheme suffice |
| Whether denial of new trial on jury charge/verdict form and juror bias issues was correct | Berberich | Jack | Not reached due to reversal and remand on other grounds |
Key Cases Cited
- Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991) (S.C. 1991) (established Nelson/SC comparative negligence framework)
- Stockman v. Marlowe, 271 S.C. 334, 247 S.E.2d 340 (S.C. 1978) (broadly supports comparing reckless conduct under comparative negligence)
- Clark v. Cantrell, 339 S.C. 369, 529 S.E.2d 528 (S.C. 2000) (punitive damages not reduced; actual damages may be reduced under comparative negligence)
- Dawson v. S.C. Power Co., 220 S.C. 26, 66 S.E.2d 322 (S.C. 1951) (contributory negligence rule historically limited recovery for reckless conduct)
- Hart v. Doe, 261 S.C. 116, 198 S.E.2d 526 (S.C. 1973) (definitional framework for negligence standards)
- Hicks v. McCandlish, 221 S.C. 410, 70 S.E.2d 629 (S.C. 1952) (distinction between negligence and higher forms of culpability)
- Yaun v. Baldridge, 243 S.C. 414, 134 S.E.2d 248 (S.C. 1964) (definition of recklessness and conscious disregard)