Hanselmann v. McCardle, 20639
| Decision Date | 14 March 1978 |
| Docket Number | No. 20639,20639 |
| Citation | 270 S.C. 367,242 S.E.2d 421 |
| Court | South Carolina Supreme Court |
| Parties | Charles F. HANSELMANN, Jr., as Administrator of the Estate of Sommai Hanselmann, Respondent, v. Dr. Robert J. McCARDLE, Dr. Charles S. Bryan, Carmelisa Edwards, Flonnie Brooks, Dr. Hoke F. Henderson, the Columbia Clinic, P. A., and the Columbia Surgical Associates, P. A., of whom Carmelisa Edwards and Flonnie Brooks are(two cases), Appellants. |
Atty. Gen. Daniel R. McLeod and Asst. Attys. Gen. A. Camden Lewis and Perry M. Buckner, Columbia, for appellants.
W. Ralph Garris, Columbia, for respondent.
These are actions for wrongful death and pain and suffering brought against three physicians, their professional associations, a laboratory technician and a laboratory aid. This appeal is from an order denying a demurrer interposed by Carmelisa Edwards, a laboratory technician, and Flonnie Brooks, a laboratory aid. We affirm.
Sommai Hanselmann suffered from hemotysis which eventually caused respiratory and cardiac arrest. She died on July 29, 1975. Appellants Edwards and Brooks, employees of Richland Memorial Hospital, performed laboratory tests in connection with Ms. Hanselmann's illness.
Respondent alleged, inter alia, that Edwards and Brooks did not follow specified laboratory procedures and failed to exercise proper care in reporting the laboratory results. Appellants' demurrer asserted that as a matter of law, public employees enjoy immunity from suit for all discretionary official acts not done maliciously, and as the complaint failed to allege any malicious conduct by appellants, it failed to state a cause of action.
We believe the demurrer was properly denied. The scope of immunity, if any, enjoyed by appellants is a critical issue which should be decided at trial rather than by demurrer. Springfield v. Williams Plumbing Supply Co., 249 S.C. 130, 153 S.E.2d 184 (1967); Crowley v. Bob Jones University, 268 S.C. 492, 234 S.E.2d 879 (1977). 1
Accordingly, the order denying appellants' demurrer is affirmed.
AFFIRMED.
1 See also Sams v. Sams, 247 S.C. 467, 148 S.E.2d 154 (1966); Dismukes v. Carletta et al., S.C., 236 S.E.2d 421, filed July 14, 1977; 71 C.J.S. Pleading § 265, p. 548.
To continue reading
Request your trial
-
McCall by Andrews v. Batson
...sovereign immunity as set forth below. Issues of novel impression ordinarily should not be resolved on demurrer. Hanselmann v. McCardle, 270 S.C. 367, 242 S.E.2d 421 (1978). The issue of sovereign immunity, however, has been fully developed by the parties and extensively addressed in prior ......
-
Shea by Reynolds v. State Dept. of Mental Retardation
...v. Doskocil, 273 S.C. 547, 257 S.E.2d 738 (1979); Williams v. Streb, et al., 270 S.C. 650, 243 S.E.2d 926 (1978); Hanselmann v. McCardle, 270 S.C. 367, 242 S.E.2d 421 (1978) (demurrer The record here strongly indicates that further inquiry into the facts is warranted. At the very least, the......
-
State ex rel. McLeod v. Fritz Waidner Sports Cars, Inc., 21158
...Such questions should not be determined on demurrer. Williams v. Streb, 270 S.C. 650, 243 S.E.2d 926 (1978); Hanselmann v. McCardle, 270 S.C. 367, 242 S.E.2d 421 (1978). Appellant also excepts to the trial court's conclusion this action was not pre-empted by federal law. We affirm. Both the......
-
Stalheim v. Doskocil, 21035
...and demurrers, but can only be determined by reference to the facts peculiar to these cases. As we stated in Hanselmann v. McCardle, 270 S.C. 367, 242 S.E.2d 421 (1978): The scope of immunity, if any, enjoyed by appellants is a critical issue which should be decided at trial rather than by ......