South Carolina Court Case: Bergstorm v. Health Alliance

Tamera Jean Bergstrom, Appellant,v. Palmetto Health Alliance d/b/a Palmetto Baptist Medical Center of Columbia and d/b/a Baptist Medical Center, Respondent. 

Opinion No. 3552 

COURT OF APPEALS OF SOUTH CAROLINA 

352 S.C. 221; 573 S.E.2d 805

September 11, 2002, Heard 

September 30, 2002, Filed 

Appeal From Richland County. Costa M. Pleicones, Circuit Court Judge. Alison Renee Lee, Circuit Court Judge. 

AFFIRMED. 

COUNSEL:
William Isaac Diggs, of Myrtle Beach, for Appellant.

William L. Pope, of Columbia, for Respondent. 

JUDGES:
ANDERSON, J. CONNOR and STILWELL, JJ., concur. 

ANDERSON, J.
Tamera Bergstrom sued Palmetto Health Alliance ("the hospital") alleging the hospital was negligent and committed the tort of intentional infliction of emotional distress regarding her purported adoption in 1979. The hospital moved to dismiss the claims and filed a motion to cap the hospital's liability at $ 100,000. The Circuit Court granted the hospital's motion to dismiss the intentional infliction of emotional distress claim and the motion to cap damages to $ 100,000. The Circuit Court denied the hospital's motion to dismiss the negligence claim.

At trial, the hospital moved for directed verdict on the negligence claim at the close of the presentation of Bergstrom's evidence. The Circuit Court granted the directed verdict motion. Bergstrom appeals the grant of the hospital's motions for: (1) directed verdict on the negligence claim; (2) dismissal of the intentional infliction of emotional distress claim; and (3) limitation on the hospital's liability to $ 100,000. We affirm.

FACTS/PROCEDURAL BACKGROUND
Tamera Bergstrom was born on November 16, 1979, at Baptist Medical Center in Columbia. In early 1979, Debbie Daly, n1 Bergstrom's natural mother, became pregnant. Daly was seventeen years old, unmarried, and living at Murrells Inlet. Daly discussed her predicament with a coworker who introduced her to Mary Andrews, the coworker's mother. After speaking with Andrews, Daly began considering placing the baby for adoption. When Daly was six and one-half months into her pregnancy, she visited Andrews in Columbia and lived with her for one week.

- - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - -
n1 Debbie Daly's last name is spelled two different ways in the record. It is spelled "Daly" and "Daley." In the appellant's brief, her last name is spelled "Daley." In the respondent's brief, her last name is spelled "Daly." We use the "Daly" spelling throughout the opinion. 

- - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - - 
During the week Daly lived with Andrews, Andrews took Daly to meet with attorney Joel Padgett where they discussed placing the baby for adoption. Daly did not remember signing any adoption papers at this meeting. Padgett suggested Daly move in with Claire Wilson. Wilson allowed Daly to stay with her in her home rent and expense free until Daly went to the hospital to deliver the baby. While living with Wilson, Daly was told the baby was to be adopted by a hospital administrator and his wife, who was a nurse. Daly was informed that this couple had already adopted three children and would be good parents for the baby.
Daly went to Baptist Medical Center to deliver the baby. Daly testified that the choice of hospital and medical doctors was arranged by Padgett and she had no input in the decision. She stated she never discussed adoption with any of the doctors prior to going to the hospital to deliver the baby. Daly delivered Bergstrom at 7:57 p.m. She was administered anesthesia in the delivery room. Daly never saw Bergstrom.