Toney v. South Carolina Department of Education

Sanders, Chief Judge:

This case arises out of the death of a child killed in an accident involving two public school buses. Respondent Toney, as administrator of the child’s estate, brought suit against appellant South Carolina Department of Education. The Department demurred on the ground of sovereign immunity and asserted further by its demurrer that it appeared from the complaint respondent had received all relief to which he was entitled. The lower court overruled the demurrer. We affirm.

*486*485We first address the question of whether the judge *486below was correct in overruling the demurrer…