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Keywords

lawsuitdamagesnegligencestatutesustainedpunitive damages

tortplaintiffdefendantdamagestrialverdictmotionwillsustainedpunitive damagesrespondentappellant

Related Cases

Hughey v. Ausborn, 249 S.C. 470, 154 S.E.2d 839, 25 A.L.R.3d 1406

Facts

Norman V. Hughey, Jr. filed a lawsuit against Melvin H. Ausborn to recover damages for medical expenses incurred for his wife, Edith L. Hughey, and daughter, Mary Carole Hughey, following an automobile accident in Greenville, South Carolina, on March 10, 1965. The accident was attributed to Ausborn's negligent and reckless behavior. Both Hughey's wife and daughter successfully sued Ausborn for their personal injuries and received damages. Hughey sought to recover for the medical expenses he incurred and for the loss of consortium due to his wife's injuries.

Norman V. Hughey, Jr., the respondent herein, instituted this action against Melvin H. Ausborn, the appellant herein, to recover actual and punitive damages for medical expenses incurred by him as the father of Mary Carole Hughey, and as the husband of Edith L. Hughey, and for the loss of consortium of his wife, resulting from an automobile accident that occurred in the City of Greenville, South Carolina, on March 10, 1965, by reason of the negligent, reckless and willful acts of the appellant.

Issue

Whether a husband can recover punitive damages for personal injuries sustained by his wife and minor child due to the negligence of another.

The first question for determination is whether the respondent is entitled to punitive damages in an action to recover for medical expenses incurred for his daughter and wife and for the loss of consortium growing out of the injury to his wife.

Rule

A parent may recover for medical expenses incurred for the care of a minor child, and a husband may recover for medical expenses incurred for his wife's care, but punitive damages are not recoverable by a parent or husband for injuries sustained by a child or wife unless a statute provides for such recovery.

While there is contrary authority, the general rule is that if a minor sustains personal injuries under circumstances justifying the award of exemplary or punitive damages against the wrongdoer, the right of recovery thereof is in the child, the party directly injured, and there can be no recovery of punitive damages by the father in his own right.

Analysis

The court analyzed the legal principles surrounding the recovery of damages by a parent for injuries to a child and by a husband for injuries to a wife. It concluded that while both the husband and father could recover actual damages for medical expenses incurred, the right to punitive damages was separate and could only be claimed by the injured parties themselves. The court emphasized that punitive damages are intended as a punishment for the wrongdoer and a vindication of the rights of the injured party, not the parent or spouse.

The trial judge was in error in refusing the motion of the appellant for a directed verdict in his favor as to punitive damages.

Conclusion

The Supreme Court affirmed the award of actual damages to Hughey but reversed the award of punitive damages, concluding that he had no cause of action for such damages.

The judgment of the lower court is affirmed as to actual damages and reversed as to punitive damages.

Who won?

The prevailing party was Melvin H. Ausborn, as the court reversed the punitive damages awarded to Hughey, although actual damages were affirmed.

The direct wrong done by defendant was to plaintiff's wife and daughter, who sustained personal injuries by his tortious conduct.

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