Miller ex rel. Miller v. Gertz

Harwell, Justice:

This tort action was instituted against Lexington County School District No. 2, its members, the district superintendent, and the principal of Cayce Center. The minor appellant, who was enrolled in Cayce Center, sought damages for injuries he suffered as a result of a sexual assault by another student of District No. 2. The assault occurred in a rest room on the premises of Cayce School.

The circuit judge granted the demurrer of all respondents on the ground of sovereign immunity by order dated January 23, 1984, but granted the appellant leave to replead. In his amended…