Copeland v. Housing Authority of Spartanburg

Supreme Court of South Carolina

Copeland v. Housing Authority of Spartanburg

316 S.E.2d 408, 282 S.C. 8, 1984 S.C. LEXIS 305

CourtSupreme Court of South Carolina

DecidedMay 24, 1984

Docket22115

StatusPublished

Cited by8 cases

This text of 316 S.E.2d 408 (Copeland v. Housing Authority of Spartanburg) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Copeland v. Housing Authority of Spartanburg, 316 S.E.2d 408, 282 S.C. 8, 1984 S.C. LEXIS 305 (S.C. 1984).

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Opinions

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.

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