320 S.E.2d 498 | S.C. Ct. App. | 1984
On appeal, plaintiffs Brown innovatively argue their action is brought, or at least is maintainable, under § 4-13-10, Code of Laws of South Carolina, 1976. The case of DuPre v. Lexington, 90 S. C. 180,73 S. E. 70 (1911), holds that § 4-13-10, the general claims statute for counties, is broad enough to cover a claim for damage to an automobile resulting from a defect in a highway and that § 4-13-10 confers jurisdiction in the county board to act judicially in the matter when a verified and properly itemized claim is filed with the county board. DuPre also holds that one has a right of appeal from an adverse ruling by the county board to the Court of Common Pleas.
Plaintiffs Brown’s complaint, although it alleges the filing of a claim with the county board, does not constitute an appeal from an adverse holding of the county board. The complaint alleges causes of action which are brought in the original jurisdiction of the Court of Common Pleas. We conclude and hold that the complaint of plaintiffs Brown does not state a cause of action to which § 4-13-10 could be relevant.
Plaintiffs Brown next argue that since § 57-17-810 was not mentioned in the complaint, the trial judge erred by holding that the prerequisite prescribed by § 57-17-810 are applicable. This argument is nonpersuasive because of the doctrine of sovereign immunity which precludes
For the foregoing reasons, the judgment below is
Affirmed.
The authorization is necessary because of our recognition of the doctrine of sovereign immunity. Shea v. State Department of Mental Retardation, 279 S. C. 604, 310 S. E. (2d) 819 (S. C. App. 1983).