Crocker v. Barr

Goolsby, Judge:

William C. Crocker, a member of the Calhoun Falls Pentecostal Holiness Church, an unincorporated association, sued the church’s board members in their official capacity for negligence. The board members moved to dismiss the complaint pursuant to Rule 12(b)(6) of the South Carolina Rules of Civil Procedure. The circuit court granted their motion, holding that a member of the association could not bring an. action in tort against the association, which Crocker agreed was the “true defendant in the action.” The apparent basis of the circuit court’s holding is the doctrine of…