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MADISON EX REL. BRYANT v. BABCOCK CENTER

No. 26198.

371 S.C. 123 (2006)

638 S.E.2d 650

MADISON, a fictitious name of a mentally disabled person, through her court-appointed guardian, Brenda BRYANT, Appellant, v. BABCOCK CENTER, INC., a South Carolina Corporation; South Carolina Department of Disabilities and Special Needs; and Michelle Batchelor, in her official and individual capacities, Respondents.

Supreme Court of South Carolina.

Refiled November 20, 2006.

Rehearing Denied December 27, 2006.

Attorney(s) appearing for the Case

Orin G. Briggs, of Lexington, for Appellant.

Danny C. Crowe and R. Hawthorne Barrett, of Turner, Padget, Graham & Laney, P.A., of Columbia, for Respondents Babcock Center, Inc. and Michelle Batchelor.

William H. Davidson, II and Andrew F. Lindemann, of

Davidson, Morrison, and Lindemann, P.A., of Columbia, for Respondent South Carolina Department of Disabilities and Special Needs.

Acting Justice COLE:

In this appeal, we are asked to decide the novel issue of whether a private treatment center owes a duty to exercise reasonable care in supervising a mentally retarded person admitted to its care; the novel issue of whether a state agency which has a contract with the center owes a duty of care to the person; and whether the mentally retarded person in this case, as a matter of law, proximately caused her own injuries.

FACTUAL AND PROCEDURAL...

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