Supreme Court of South Carolina
Madison, a Fictitious Name of a Mentally Disabled Person, Through Her Court-Appointed Guardian, Brenda Bryant…
November 20, 2006371 S.C. 123
Summary
The court reversed summary judgment for the defendants, holding that both Babcock Center and the Department owed Madison a common-law duty to exercise reasonable care in supervising and caring for her. Whether that duty was breached, whether the alleged negligence proximately caused her injuries, and whether the Department acted with gross negligence were factual questions for a jury. The court also held that allegations concerning the Department's 1994 evaluation and admission of Madison were timely. Justice PLEICONES, concurring, agreed that Babcock Center owed a common-law duty but rejected the majority's view that statutes could create such a duty.