Hupman v. Erskine College

In this Court’s decision abrogating the doctrine of charitable immunity, we stated, “it is time to once and for all lay this anachronism to rest.” Fitzer v. Greater Greenville, S. C. Young Men’s Christian Ass’n, 277 S. C. 1, 282 S. E. (2d) 230, 231 (1981). Yet, again, this antiquated doctrine rears its ugly head, and my brethren allow it to breathe a few last gasps before its inevitable death. I would hold that Fitzer applies retroactively to the extent of the previously immune organization’s insurance coverage.

This Court did not hold in Fitzer that the decision was to apply prospectively…