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Jury rejects agency theory against church in auto case

Type:

Verdict-Defendant

State:

South Carolina

Venue:

Beaufort County

Court:

Beaufort County, Court of Common Pleas

Injury Type(s):

head-closed head injury

Case Type:

Motor Vehicle – Broadside, Motorcycle, Intersection

Case Name:

Perry Walker Durant, Jr. v. Melissa B. Arant and Waters Edge Lady’s Island New Mission Church/Waters Edge United Methodist Church,
No. 2010CP0703406

Date:

February 12, 2014

Parties

Plaintiff(s):

Perry Durant Walker, Jr. (Male, 28 Years)

Plaintiff Attorney(s):

Ernest M. Griffith;
Griffith Sadler & Sharp, PA;
Beaufort,
SC,
for
Perry Durant Walker, Jr. ■ Daniel E. Henderson III;
Peters, Murdaugh, Parker, Eltzroth & Detrick, PA;
Hampton,
SC,
for
Perry Durant Walker, Jr.

Defendant(s):

Melissa B. Arant, 

Waters Edge Lady’s Island New Mission Church

Defense Attorney(s):

Andrew S. Halio;
Halio & Halio;
Charleston,
SC,
for
Melissa B. Arant ■ Matthew J. Story;
Clawson & Staubes, LLC;
Charleston,
SC,
for
Waters Edge Lady’s Island New Mission Church

Facts:

Plaintiff Perry Walker Durant, Jr., 28, a laborer, was operating his motorcycle on Sams Point Road in Beaufort County. He was involved in a collision with a car driven by defendant Melissa B. Arant. Durant claimed multiple injuries, including head trauma. Durant filed suit against Arant and Waters Edge Lady’s Island New Mission Church d/b/a Water Edge United Methodist Church. Arant’s liability carrier settled with Durant for policy limits (unknown amount). The case proceeded against Waters Edge on an agency theory. Plaintiff alleged that Arant was acting as a volunteer agent for the church, as she was on her way to bible school preparation on behalf of the church. Defendant denied Arant was an agent. Defendant contended that Arant was a volunteer at the time of the accident.

Injury:

Durant claimed multiple internal and orthopedic injuries, as well as head trauma as a result of the accident. The parties did not dispute the injuries and stipulated that Durant’s damages exceeded the charitable cap limits of $200,000.

Result:

The jury determined that Arant was not an agent of the church at the time of the accident. A defense verdict was entered.

Trial Information:

Judge:

Carmen Tevis Mullen

Trial Length:

1
 days

Trial Deliberations:

30
 minutes

Jury Vote:

12-0

Post Trial:

There was no appeal and this case is closed.

Editor’s Comment:

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not return the reporter’s telephone calls.