B. Intangible Losses Available in Personal Injury Cases

• Library: South Carolina Damages Supplement (SCBar) (2017 Ed.)

B. Intangible Losses Available in Personal Injury Cases

1. Pain and Suffering

a. General Principles

Pg. 53

Insert in a new footnote following the second sentence in the first full paragraph as follows:

^105.1 Harper, 239 S.C. at 548, 124 S.E.2d at 57.

Insert in footnote 108 a new case as follows:

See also Wilder v. Blue Ribbon Taxicab Corp., 396 S.C. 139, 148, 719 S.E.2d 703, 708 (Ct. App. 2011) (finding the trial court did not err in awarding damages for future pain and suffering because future damages are generally recoverable as long as the damages are reasonably certain to result in the future from the injury) (citations omitted)).

Pg. 54

Insert in footnote 110 a new case as follows:

See also Sams v. Heritage Transport Inc., No. 2:12-cv-00462-DCN, 2012 WL 2092149 (D.S.C. June 11, 2012) (finding that South Carolina courts have allowed juries to consider, for illustrative purposes, and base an award, in part, on a per diem formula).

b. Case Law

Pg. 55

Insert a new sentence in the main text following the sentence ending with footnote 118 as follows:

Similarly, pain and suffering are not recoverable in a claim for mismanagement of a financial account.^118.1

^118.1 Wachovia Bank Nat. Ass'n v. Beane, 397 S.C. 612, 617 n.1, 725 S.E.2d 715, 718 n.1 (Ct. App. 2012).

Pg. 56

Insert in footnote 119 a new case as follows:

See Boyle v. U.S., 948 F. Supp. 2d 577 (D.S.C. Aug. 7, 2012) (interpreting the word "claimant," as found in S.C. Code Ann. § 15-32-220(A), to mean that an action under the statute may have multiple claimants; therefore, in that case, each of the four claimants was entitled to a maximum of $350,000 in noneconomic damages from a single institution).

...