McElmurray v. Augusta-Richmond County

Because the damages claimed in this case did not occur as a result of the county’s negligent use of a motor vehicle, they are not covered by the liability insurance purchased by the county. Therefore, I disagree with the majority’s conclusion that the State has waived sovereign immunity and I respectfully dissent.

A county enjoys the same constitutional sovereign immunity as the State. Waiver of a State’s sovereign immunity, like waiver of any constitutional right, is strictly construed in favor of the holder of the right. Pennhurst State School &c. v. Halderman, 465 U. S. 89, 99 (104 SC 900,…