Whitehead v. Barnwell Sch. Dist. 45
Decision Date | 07 December 2022 |
Docket Number | 2022-UP-441,Appellate Case 2021-000596 |
Parties | Ashley Whitehead, individually and as Guardian ad Litem for Brantley W., a minor under the age of fourteen (14) years, and William B. Whitehead, Appellants, v. Barnwell School District 45, Respondent. |
Court | South Carolina Court of Appeals |
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
Submitted November 1, 2022
Appeal From Barnwell County Clifton Newman, Circuit Court Judge
H Woodrow Gooding, Mark Brandon Tinsley, and Laine Brabham Gooding, all of Gooding & Gooding, PA, of Allendale, for Appellants.
Allen D. Smith and Connie Pertrice Jackson, both of Halligan Mahoney & Williams, of Columbia, for Respondent.
Ashley and William Whitehead appeal a circuit court order dismissing their claims for emotional distress against Barnwell School District 45. On appeal, the Whiteheads argue the circuit court erred by finding South Carolina law did not support their cause of action. We reverse and remand.
We hold the Whiteheads sufficiently pled facts to establish a cause of action and reverse the dismissal of their emotional distress claims by the circuit court. See Rydde v Morris, 381 S.C. 643, 646, 675 S.E.2d 431, 433 (2009) ("On appeal from the dismissal of a case pursuant to Rule 12(b)(6), an appellate court applies the same standard of review as the [circuit] court."); Baird v Charleston County, 333 S.C. 519, 527, 511 S.E.2d 69, 73 (1999) (); Stiles v. Onorato, 318 S.C. 297, 300, 457 S.E.2d 601, 602 (1995) (); Doe v Greenville Cnty. Sch. Dist., 375 S.C. 63, 66-67, 651 S.E.2d 305, 307 (2007) (); Padgett v. Colonial Wholesale Distrib. Co., 232 S.C. 593, 608, 103 S.C. 265 272 (1958) (); Strickland v. Madden, 323 S.C. 63, 67, 448 S.E.2d 581, 584 (Ct. App. 1994) (...
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