Copeland v. Housing Authority of Spartanburg, 22115

Citation316 S.E.2d 408,282 S.C. 8
Decision Date24 May 1984
Docket NumberNo. 22115,22115
CourtUnited States State Supreme Court of South Carolina
PartiesPeggy 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.

LITTLEJOHN, Chief Justice:

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.

We hold that this doctrine of sovereign immunity is still applicable in South Carolina. If the law is to be changed, such change should come from the legislature. We reaffirmed this doctrine in Belue v. The City of Spartanburg, 276 S.C. 381, 280 S.E.2d 49 (1981). The Demurrer should have been sustained and the order of the lower court is

REVERSED.

GREGORY, J., and J. WOODROW LEWIS, as Acting Associate Justice, concur.

HARWELL, Justice (dissenting).

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).

NESS, J., concurs.

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3 cases
  • McCall by Andrews v. Batson
    • United States
    • South Carolina Supreme Court
    • 16 Octubre 1984
    ...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 ......
  • Russo v. Sutton
    • United States
    • South Carolina Supreme Court
    • 24 Marzo 1992
    ...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......
  • Newberry v. Georgia Dept. of Industry and Trade
    • United States
    • South Carolina Court of Appeals
    • 20 Junio 1984
    ...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......

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