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SHEA v. STATE

0027

279 S.C. 604 (1983)

310 S.E.2d 819

Kenneth N. SHEA, a person non compos mentis, by his Guardian Ad Litem, Connie G. REYNOLDS, Appellant, v. STATE of South Carolina DEPARTMENT OF MENTAL RETARDATION, Respondent.

Court of Appeals of South Carolina.

December 19, 1983.

Attorney(s) appearing for the Case

Robert A. McKenzie, of Rogers, McDonald, McKenzie, Fuller & Rubin, Columbia, and C. LaVaun Fox, of Garvin, Fox, Zier & Burkhalter, Aiken, for appellant.

Atty. Gen. T. Travis Medlock, Retired Atty. Gen. Daniel R. McLeod and Asst. Atty. Gen. Edwin E. Evans, Columbia, for respondent.

December 19, 1983.

SANDERS, Chief Judge:

Appellant Shea, who is mentally retarded, brings this action by his guardian ad litem against respondent State Department of Mental Retardation, alleging he was injured by the negligence of the Department while under the care of its Midlands Center facility. The lower court granted summary judgment to the Department on the grounds of sovereign immunity. We reverse.

South Carolina has for many years adhered to...

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