Maman v. Horry County School District

THIS OPINION
HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN
ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Nikol Maman,
Individually and as Natural Guardian for Lorelle M., a Minor, Appellant,

v.

Horry County
School District, Respondent.

Appeal From Horry County

 Benjamin H. Culbertson, Circuit Court
Judge

Unpublished Opinion No. 2011-UP-591

Heard November 1, 2011 – Filed December
21, 2011   

AFFIRMED

Daniel A. Hunnicut, of Conway, for Appellant.

Allen D. Smith and Jasmine R. Drain, both of Columbia, for
Respondent.

PER CURIAM: In
this personal injury case resulting from a student, Lorelle M., being injured
during a school physical education class, her mother, Nikol Maman, individually
and as guardian, appeals the trial court's grant of summary judgment to Horry
County School District (the District).  Maman contends the trial court erred in
finding the evidence only supported the inference the District exercised at
least slight care.  We affirm pursuant to Rule 220(b)(1), SCACR, and the
following authorities: Fleming v. Rose, 350 S.C. 488, 493, 567 S.E.2d
857, 860 (2002) (providing that when reviewing the grant of a summary judgment
motion, this court applies the same standard that governs the trial court under
Rule 56(c), SCRCP; summary judgment is proper when there is no genuine issue as
to any material fact and the moving party is entitled to judgment as a matter
of law); Sauner v. Pub. Serv. Auth. of S.C., 354 S.C. 397, 404, 581
S.E.2d 161, 165 (2003) (noting that in determining whether a genuine issue of
fact exists, the evidence and all reasonable inferences drawn from it must be
viewed in the light most favorable to the nonmoving party); Flateau v.
Harrelson, 355 S.C. 197, 203, 584 S.E.2d 413, 416 (Ct. App. 2003) ("The
Tort Claims Act [(the Act)] governs all tort claims against governmental
entities and is the exclusive civil remedy available in an action against a
governmental entity . . . ."); Sabb v. S.C. State
Univ., 350 S.C. 416, 428, 567 S.E.2d 231, 237 (2002) (stating the Act waives immunity for torts
committed by the State, its political subdivisions, and governmental employees
acting within the scope of their official duties with some exceptions); S.C. Code
Ann. § 15-78-60(25) (2005) (providing an exception to the waiver of immunity for
a loss resulting from responsibility or duty including but not limited to
supervision, protection, control, confinement, or custody of any student of any
governmental entity, except when the responsibility or duty is exercised in a grossly
negligent manner); Etheredge v. Richland Sch. Dist. One, 341 S.C.
307, 310, 534 S.E.2d 275, 277 (2000) ("[W]hile gross negligence ordinarily
is a mixed question of law and fact, when the evidence supports but one
reasonable inference, the question becomes a matter of law for the
court."); Grooms v. Marlboro Cnty. Sch. Dist., 307 S.C. 310,
313, 414 S.E.2d 802, 804 (Ct. App. 1992) (finding gross negligence is the
absence of care that is necessary under the circumstances); id. ("[Gross negligence] connotes the failure to exercise a slight
degree of care." (internal quotation marks and citation omitted)); id. (stating that when people are so indifferent as to their conduct as not to give
slight care to what they are doing, they are guilty of gross negligence); id. (holding gross negligence involves the intentional, conscious failure to do
something that is incumbent upon one to do or "the doing of a thing intentionally
that one ought not to do" (internal quotation marks and citation omitted)); Etheredge, 341 S.C. at 312, 534 S.E.2d at 278 ("[T]he fact that the
School District might have done more does not negate the fact that it exercised
'slight care.'"); S.C. Code Ann. Regs. 43-232(III)(B) (Supp. 2010)
(providing the maximum class size for a seventh grade physical education class
shall not exceed forty students per period per
teacher). 

AFFIRMED.

FEW, C.J., and THOMAS and
KONDUROS, JJ., concur.