Copeland v. Housing Authority of Spartanburg, 22115
Citation | 316 S.E.2d 408,282 S.C. 8 |
Decision Date | 24 May 1984 |
Docket Number | No. 22115,22115 |
Court | United States State Supreme Court of South Carolina |
Parties | Peggy COPELAND, Respondent, v. The HOUSING AUTHORITY OF SPARTANBURG, S.C., Appellant. |
T.E. Walsh and William E. Walsh of Gaines & Walsh, Spartanburg, for appellant.
Albert V. Smith of Turnipseed, Holland & Smith, Spartanburg, for respondent.
The plaintiff-respondent, Peggy Copeland, brings this action against The Housing Authority of Spartanburg, South Carolina. She alleges that she is entitled to recover damages because of the negligence of the defendant in failing to repair a gas furnace which emitted flames causing her furniture to be burned. The trial judge overruled the Demurrer of the City in effect overruling the doctrine of sovereign immunity. We reverse.
GREGORY, J., and J. WOODROW LEWIS, as Acting Associate Justice, concur.
The trial court was correct in overruling the demurrer and I would affirm. The doctrine of sovereign immunity has outlived its usefulness and should be abolished. I agree with the dissent in Belue v. The City of Spartanburg, 276 S.C. 381, 280 S.E.2d 49 (1981).
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McCall by Andrews v. Batson
...should come from the legislature. Id. The Court has expressly urged the legislature to address the rule. Copeland v. Housing Authority of Spartanburg, 282 S.C. 8, 316 S.E.2d 408 (1984); Belton v. Richland Memorial Hospital, 263 S.C. 446, 211 S.E.2d 241 (1975). The exceptions that have been ......
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Russo v. Sutton
...recognized that "if the law is to be changed, such change should come from the legislature." Copeland v. Housing Authority of Spartanburg, 282 S.C. 8, 9, 316 S.E.2d 408, (1984). In Rogers v. Florence Printing Company, 233 S.C. 567, 574, 106 S.E.2d 258, 261-262 (1958), Justice Legge It is of......
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Newberry v. Georgia Dept. of Industry and Trade
...sovereign immunity of the State from liability absent its consent is still the law of South Carolina. See Copeland v. Housing Authority of Spartanburg, S.C., 316 S.E.2d 408 (1984); Belue v. City of Spartanburg, 276 S.C. 381, 280 S.E.2d 49 (1981). This fact, however, affords no support for a......