Legal Opinion
Shea v. State
Court of Appeals of South Carolina
Decided December 19, 1983No. 0027PublishedCited by 25 opinions
1Opinion of the Court
Sanders, Chief Judge:
Appellant Shea, who is mentally retarded, brings this action by his guardian ad litem against respondent State Department of Mental Retardation, alleging he was injured by the negligence of the Department while under the care of its Midlands Center facility. The lower court granted summary judgment to the Department on the grounds of sovereign immunity. We reverse.
South Carolina has for many years adhered to the common law doctrine of sovereign immunity which holds that neither the State nor any of its agencies may be sued without the express consent of the legislature.…
2Cases cited18 opinions
- Verlinden B. v. v. Central Bank of NigeriaSupreme Court of the United States · 1983
- Ayala v. Philadelphia Board of Public EducationSupreme Court of Pennsylvania · 1973
- Mayle v. Pennsylvania Department of HighwaysSupreme Court of Pennsylvania · 1978
- Cauley v. City of JacksonvilleSupreme Court of Florida · 1981
- United States Casualty Co. v. State Highway DepartmentSupreme Court of South Carolina · 1930
13 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- McCall v. BatsonSupreme Court of South Carolina · 1985
- Botehlo v. BycuraCourt of Appeals of South Carolina · 1984
- Langley v. BoyterCourt of Appeals of South Carolina · 1984
- Town of Winnsboro v. Wiedeman-Singleton, Inc.Court of Appeals of South Carolina · 1990
- Gasque v. Heublein, Inc.Court of Appeals of South Carolina · 1984
20 more not listed; retrieve them via the Exa API.