Maman v. Horry County School District, 2011-UP-591
Decision Date | 21 December 2011 |
Docket Number | 2011-UP-591 |
Parties | Nikol Maman, Individually and as Natural Guardian for Lorelle M., a Minor, Appellant, v. Horry County School District, Respondent. |
Court | South Carolina Court of Appeals |
UNPUBLISHED OPINION
Heard November 1, 2011
Appeal From Horry County Benjamin H. Culbertson, Circuit Court Judge
Daniel A. Hunnicut, of Conway, for Appellant.
Allen D. Smith and Jasmine R. Drain, both of Columbia, for Respondent.
In this personal injury case resulting from a student, Lorelle M being injured during a school physical education class, her mother, Nikol Maman, individually and as guardian, appeals the trial court's grant of summary judgment to Horry County School District (the District). Maman contends the trial court erred in finding the evidence only supported the inference the District exercised at least slight care. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities: Fleming v. Rose, 350 S.C. 488, 493, 567 S.E.2d 857, 860 (2002) ( ); Sauner v. Pub Serv. Auth. of S.C., 354 S.C. 397, 404, 581 S.E.2d 161 165 (2003) ( ); Flateau v Harrelson, 355 S.C. 197, 203, 584 S.E.2d 413, 416 (Ct App. 2003) (); Sabb v. S.C. State Univ., 350 S.C. 416, 428, 567 S.E.2d 231, 237 (2002) (the Act waives immunity for torts committed by the State, its political subdivisions, and governmental employees acting within the scope of their official duties with some exceptions) ; S.C. Code Ann. § 15-78-60(25) (2005) (providing an exception to the waiver of immunity for a loss resulting from responsibility or duty including but not limited to supervision, protection, control, confinement, or custody of any student of any governmental entity, except when the responsibility or duty is exercised in a grossly negligent manner); Etheredge v. Richland Sch. Dist. One, 341 S.C. 307, 310, 534 S.E.2d 275, 277 (2000) ("[W]hile gross negligence ordinarily is a mixed question of law and fact, when the evidence supports but one reasonable inference, the question becomes a matter of law for the court."); Grooms v. Marlboro Cnty. Sch. Dist., 307 S.C. 310, 313, 414 S.E.2d 802, 804 (Ct. App. 1992) (...
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