Hupman v. Erskine College

314 S.E.2d 314, 281 S.C. 43, 1984 S.C. LEXIS 249

Opinions

Littlejohn, Justice:

This case comes before us as a certified question from the United States District Court, District of South Carolina, pursuant to Supreme Court Rule 46.

The question presented is as follows:

Does the abrogation of the doctrine of charitable immunity announced in Fitzer v. Greater Greenville, S. C. Young Men’s Christian Association, 277 S. C. 1, 282 S. E. (2d) 230 (1981) apply retroactively?

This case arises from an injury to a student at Erskine College, who was severely burned in a shower on November 21, 1980.

Suit was filed March 14, 1982. One defendant, Erskine College, has raised the defense of charitable immunity. This defense was abolished in its entirety ten months after the plaintiffs injury. Fitzer, supra.

This Court has consistently ruled that the abrogation of immunities defenses is to be applied prospectively only. See e.g., Douglass v. Florence General Hospital, 273 S. C. 716, 259 S. E. (2d) 117 (1979) and Hyder v. Jones, 271 S. C. 85, 245 S. E. (2d) 123 (1978). See also, 15 Am. Jur. (2d) Charities § 194 (1976). Prospective application is required when liability is created where formerly none existed.

We hold that the abrogation of the doctrine of charitable immunity announced in Fitzer v. Greater Greenville, S. C., YMCA, 277 S. C. 1, 282 S. E. (2d) 230 (1981) applies prospectively only.

The foregoing is the order of this Court.

Lewis, C. J., and Gregory, A. J., concur.