Choice of Law

I got a call today from one of my mother's friends, with a legal question. It seems her cousin, a 63 year old man, had recently lost his life partner of 30 years, and he suspected medical malpractice.

I told the lady that in Florida, there would be no case. To collect for the pain and suffering caused by the loss of someone in the medical arena, in our state, one must be a child 25 or younger, or a spouse. The man who died had neither type of survivor.

Well, the couple lived in South Carolina! Ha, I thought to myself, South Carolina is even more backwards than Florida is --no chance. Still, I told the lady I'd inquire.

I called a lawyer I know in North Carolina, a fellow I handled a case with a few years back. He had no idea. I asked him how he couldn't know --I mean --was there really THAT much difference between these 2 Southern states? He laughed at my Yankee arrogance. He gave the the name and phone number of HIS South Carolina guy.

I got the fellow on the phone, and had a thoroughly entertaining call. He was older, probably near 70, and had an accent right out of a Falkner novel. He used all kinds of great similes, too, like "If you add Florida and South Carolina, and divide by 2, the result is Georgia." I have no earthly idea what the hell he meant, but said in his wonderful drawl, that saying smacked of folk wisdom.

He referred me to a THIRD Carolina lawyer, this one in Columbia. He was younger and a football fan. He assumed I was a Gator, and wanted to gloat about the fact that his university now has Spurrier, the patron saint of Gators, as their coach. I told him I despised the Gator football team, and as far as I was concerned, I couldn't care less if South Carolina won the SEC championship every year into the future. I made a friend.

Much to my surprise, he said the client does indeed have a case in South Carolina. Their law is more progressive than ours, recognizing who a decedent leaves as his or her beneficiary , and without the limits we have.

I called the client, and we chatted for awhile. The poor guy --his life was stolen from him by the loss of his partner. I heard the pain in his voice.

I told him about Matlock, or Atticus Finch, and he was going to call upon his return to South Carolina.

Perhaps there'll be a case for this nice, bereaved man.