Copeland v. Housing Authority of Spartanburg, 316 S.E.2d 408

Copeland v. Housing Authority of Spartanburg

316 S.E.2d 408

S.C.

1984

Check Treatment

Peggy COPELAND, Respondent, v. The HOUSING AUTHORITY OF SPARTANBURG, S. C., Appellant.

22115

Supreme Court

May 24, 1984

(316 S. E. (2d) 408)

Livingston contends the trial judge should have declared a mistrial after the second day of the jury‘s deliberation because one juror appeared worn down. Again, we disagree.

The jury never indicated it was hopelessly deadlocked or that it could not continue its deliberation. There is absolutely no indication the trial judge unfairly forced the jury‘s verdict. This exception is without merit.

Finally, Livingston contends the trial judge erred in sentencing him to life imprisonment for his kidnapping conviction. We agree with Livingston that § 16-3-910 of the Code prevents the imposition of a life sentence for kidnapping where an accused is sentenced for murder pursuant to § 16-3-20 of the Code.

The sentences for kidnapping are vacated; the convictions and sentences are otherwise affirmed.

Affirmed as modified.

LEWIS, Chief Justice and LITTLEJOHN, NESS, GREGORY and HARWELL, JJ., concur.

T. E. Walsh and William E. Walsh of Gaines & Walsh, Spartanburg, for appellant.

Albert V. Smith of Turnipseed, Holland & Smith, Spartanburg, for respondent.

LITTLEJOHN, Chief Justice:

The plaintiff-respondent, Peggy Copeland, brings this action against The Housing Authority of Spartanburg, South Carolina. She alleges that she is entitled to recover damages because of the negligence of the defendant in failing to repair a gas furnace which emitted flames causing her furniture to be burned. The trial judge overruled the Demurrer of the City in effect overruling the doctrine of sovereign immunity. We reverse.

We hold that this doctrine of sovereign immunity is still applicable in South Carolina. If the law is to be changed, such change should come from the legislature. We reaffirmed this doctrine in

Belue v. The City of Spartanburg, 276 S. C. 381, 280 S. E. (2d) 49 (1981). The Demurrer should have been sustained and the order of the lower court is

Reversed.

GREGORY, J., and J. WOODROW LEWIS, as Acting Associate Justice, concur.

HARWELL, Justice (dissenting).

The trial court was correct in overruling the demurrer and I would affirm. The doctrine of sovereign immunity has outlived its usefulness and should be abolished. I agree with the dissent in

Belue v. The City of Spartanburg, 276 S. C. 381, 280 S. E. (2d) 49 (1981).

NESS, J., concurs.