From Casetext: Smarter Legal Research

Floyd v. McFadden

Supreme Court of South Carolina
Feb 21, 1985
327 S.E.2d 73 (S.C. 1985)

Opinion

22244

Heard January 22, 1985.

Decided February 21, 1985.

George M. Lee, Jr., and Harold L. Swafford, Columbia, for appellant.

James W. Alford, of Barnes, Alford, Stork Johnson, Columbia, for respondent.


Heard Jan. 22, 1985.

Decided Feb. 21, 1985.


The appellant Jesse J. Floyd was served with a Summons and Complaint alleging medical malpractice. He sent the papers to his personal attorney and the respondent attorney, J. Means McFadden, who was retained to represent him by the insurance company. The suit was dismissed by the County Court for lack of jurisdiction. An identical suit was brought in the Court of Common Pleas and a default judgment entered against the appellant. No papers from the second suit were ever sent to the respondent.

The appellant initiated this action against the respondent alleging breach of employment contract, breach of fiduciary duty, and legal malpractice. He asserts that the respondent improperly failed to inform him that the county suit was dismissed and he should be looking for additional suit papers.

The trial judge properly rendered summary judgment for the respondent because the appellant maintains by Affidavit and deposition that he was never served with the second suit papers. Therefore, any breach of duty by the respondent was not the proximate cause of the appellant's injury.

The judgment below is, accordingly,

Affirmed.


I adhere to the dissent in Stewart v. Floyd, 274 S.C. 437, 265 S.E.2d 254 (1980). Notwithstanding my position in Stewart, I agree with the majority insofar as there was a lack of proximate cause since the appellant has consistently denied receiving the second summons and complaint. I would dispute, however, any suggestion that there was no duty to inform appellant of the first suit's dismissal, and the possible consequences of the dismissal.


Summaries of

Floyd v. McFadden

Supreme Court of South Carolina
Feb 21, 1985
327 S.E.2d 73 (S.C. 1985)
Case details for

Floyd v. McFadden

Case Details

Full title:Jesse J. FLOYD, Appellant, v. J. Means McFADDEN, By his Guardian ad Litem…

Court:Supreme Court of South Carolina

Date published: Feb 21, 1985

Citations

327 S.E.2d 73 (S.C. 1985)
327 S.E.2d 73

Citing Cases

Floyd v. St. Paul Fire Marine Ins. Co.

FACTS The facts of this case are fully set forth in the cases of Stewart v. Floyd, 274 S.C. 437, 265 S.E.2d…

Floyd v. Kosko

We discern no difference in the latter two causes of action. This is a companion case to Floyd v. McFadden,…