McCall ex rel. Andrews v. Batson
Supreme Court of South Carolina
1Opinion of the Court
Ness, Justice:
Appellants Batson and the School District of Greenville demurred to the causes of action for negligence and intentional infliction of emotional distress asserting that the tort actions were barred by sovereign immunity. The trial court overruled the demurrers and we affirm. We hereby abolish the doctrine of sovereign immunity as set forth below.
Issues of novel impression ordinarily should not be resolved on demurrer. Hanselmann v. McCardle, 270 S. C. 367, 242 S. E. (2d) 421 (1978). The issue of sovereign immunity, however, has been fully developed by the parties and extensively…
Also in this document: Concurrence.
2Cases cited113 opinions
- Holytz v. City of MilwaukeeWisconsin Supreme Court · 1962
- Hopkins v. Clemson Agricultural College of South CarolinaSupreme Court of the United States · 1911
- Chick Springs Water Co. v. State Highway DepartmentSupreme Court of South Carolina · 1931
- Rice Hope Plantation v. South Carolina Public Service AuthoritySupreme Court of South Carolina · 1950
- Irvine v. Town of GreenwoodSupreme Court of South Carolina · 1911
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3Cited by26 opinions
- McCall v. BatsonSupreme Court of South Carolina · 1985
- Presley v. Mississippi State Hwy. Com'nMississippi Supreme Court · 1992
- Strother v. Lexington County Recreation CommissionSupreme Court of South Carolina · 1998
- Wells v. City of LynchburgCourt of Appeals of South Carolina · 1998
- Sunset Cay, LLC v. City of Folly BeachSupreme Court of South Carolina · 2004
21 more not listed; retrieve them via the Exa API.