McKenzie v. McKenzie

279 S.E.2d 609, 276 S.C. 461, 1981 S.C. LEXIS 389

• Court: Supreme Court of South Carolina
• Decided: June 18, 1981
• Docket: 21494
• Status: Published

Opinions

Littlejohn, Justice:

Appellants Dudley Scott McKenzie and Benjamin E. McKenzie appeal from an order granting respondent’s, S. C. Highway Department, motions tO' strike all language asserted as a basis for punitive damages from appellants’ complaint. We affirm.

On April 15, 1979, Dudley McKenzie was injured and his mother Euvena McKenzie was killed in a two car accident on a state highway. Appellants sought damages from the Department alleging there was a defect in the shoulder of the road which contributed to the accident. The trial court granted the Department’s motions to strike because of the doctrine of sovereign immunity.

A majority of this Court has consistently held the doctrine of sovereign immunity is the established policy of this State, and neither the State nor any of its agencies may be sued without the express consent of the legislature. Hazard v. S. C. State Highway Department, 264 S. C. 386, 215 S. E. (2d) 438 (1975); Morris v. S. C. State Highway Department, 264 S. C. 369, 215 S. E. (2d) 430 (1975).

The other ground asserted is without merit and we affirm.

Affirmed.

Lewis, C. J., and Gregory, J., concur. Ness and Harwell, JJ., dissent.