Hupman v. Erskine College

Littlejohn, Justice:

This case comes before us as a certified question from the United States District Court, District of South Carolina, pursuant to Supreme Court Rule 46.

The question presented is as follows:

Does the abrogation of the doctrine of charitable immunity announced in Fitzer v. Greater Greenville, S. C. Young Men’s Christian Association, 277 S. C. 1, 282 S. E. (2d) 230 (1981) apply retroactively?

This case arises from an injury to a student at Erskine College, who was severely burned in a shower on November 21, 1980.

Suit was filed March 14, 1982. One defendant, Erskine College, has…