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NEWBERRY v. GA. DEPT. OF IND. AND TRADE

0296

283 S.C. 312 (1984)

322 S.E.2d 212

Martha NEWBERRY, Plaintiff-Respondent, v. GEORGIA DEPARTMENT OF INDUSTRY AND TRADE, Shopsmith Woodworking Productions, Inc., d/b/a Encore Productions, and Columbia Mall, Defendants, of whom Shopsmith Woodworking Productions, Inc., d/b/a Encore Productions and Columbia Mall are also Respondents, and Georgia Department of Industry and Trade is Appellant. Appeal of GEORGIA DEPARTMENT OF INDUSTRY AND TRADE.

Court of Appeals of South Carolina.

Decided October 9, 1984.

Attorney(s) appearing for the Case

Charles E. Carpenter, Jr. and R. Davis Howser, Richardson, Plowden, Grier & Howser, Columbia, for appellant.

D. Michael Kelly and Kenneth M. Suggs, Ken Suggs-Mike Kelly, Lawyers, P.A., James W. Alford, Alford, Johnson & Salane, and Edwin P. Martin, Turner, Padget, Graham & Laney, Columbia, for respondents.

Heard June 20, 1984.

Decided Oct. 9, 1984.

CURETON, Judge:

This case presents a single issue: May an agency of the State of Georgia, sued in the courts of this state for an alleged tort committed in this state, avail itself of the doctrine of sovereign immunity from liability. The circuit court decided that it could not. We agree and affirm.

The facts are simple. The respondent, Martha Newberry, a resident of Maryland, brought an action in...

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