John Doe v. Bishop of Charleston ( 2023 )


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  •                     THE STATE OF SOUTH CAROLINA
    In The Court of Appeals
    John Doe, Appellant,
    v.
    Bishop of Charleston, a Corporation Sole, and The
    Bishop of the Diocese of Charleston, in his official
    capacity, Respondents.
    Appellate Case No. 2020-000804
    Appeal From Charleston County
    Bentley Price, Circuit Court Judge
    Opinion No. 6009
    Heard June 15, 2023 – Filed August 2, 2023
    AFFIRMED
    Lawrence E. Richter, Jr., of The Richter Firm, LLC, of
    Mount Pleasant, and David K. Haller, of Haller Law
    Firm, of Charleston, both for Appellant.
    Richard S. Dukes, Jr., of Turner Padget Graham &
    Laney, PA, of Charleston, and R. Hawthorne Barrett, of
    Turner Padget Graham & Laney, PA, of Columbia, both
    for Respondents.
    WILLIAMS, C.J.: John Doe (Appellant) filed this action against the Diocese of
    Charleston and the Bishop of the Diocese of Charleston (collectively,
    Respondents) alleging that as a child in 1970, he was sexually molested by two
    teachers at Sacred Heart Catholic School, a parochial school operated by the
    Respondents. Appellant argues the circuit court erred in granting summary
    judgment based on the doctrine of charitable immunity. We affirm.
    FACTS/PROCEDURAL HISTORY
    In August 2018, Appellant filed this action against Respondents, alleging that as a
    child around the ages of 12 to 14 (i.e., around 1969 to 1971), he was sexually
    molested by two teachers at Sacred Heart Catholic School. Appellant asserted
    claims for relief based on sexual abuse, outrage, negligence/gross negligence,
    breach of fiduciary duty, intentional infliction of emotional distress, fraudulent
    concealment, civil conspiracy, negligent retention or supervision, breach of
    contract, and breach of contract accompanied by a fraudulent act. Respondents
    filed multiple motions for summary judgment based upon the absence of any
    genuine issue of material fact regarding: (1) the defense of common law charitable
    immunity; (2) the defense of the statute of limitations; and (3) the defense of res
    judicata. Respondents additionally argued there was no genuine issue of material
    fact regarding the elements of each claim asserted by Appellant.
    The circuit court heard oral argument on Respondents' dispositive motions based
    on charitable immunity, the statute of limitations, and res judicata pursuant to a
    2007 class action settlement. The circuit court granted Respondents summary
    judgment based on the doctrine of charitable immunity. Appellant filed a Rule
    59(e), SCRCP, motion requesting the circuit court alter or amend its order. The
    circuit court denied Appellant's Rule 59(e) motion and this appeal followed.
    ISSUE ON APPEAL
    Did the circuit court err in granting summary judgment to Respondents based on
    the doctrine of charitable immunity?
    STANDARD OF REVIEW
    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.
    S. Glass & Plastics Co. v. Kemper, 
    399 S.C. 483
    , 490, 
    732 S.E.2d 205
    , 208–09 (Ct.
    App. 2012). "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." 
    Id. at 490
    , 732 S.E.2d at 209.
    LAW/ANALYSIS
    Appellant argues the circuit court misapplied the law of charitable immunity as it
    existed at the time of Appellant's injury when his right of action accrued.
    Appellant asserts that although his causes of action accrued no later than 1970, the
    circuit court erred in determining that the charitable immunity defense in 1970
    provided a complete defense to the types of claims asserted in this case. Appellant
    argues the law regarding charitable immunity that controlled in 1970 was the same
    law that controlled in 1973, when a unanimous South Carolina Supreme Court
    explained in Jeffcoat v. Caine, 
    261 S.C. 75
    , 
    198 S.E.2d 258
     (1973), that the
    doctrine of charitable immunity had never extended beyond tort claims based on
    "mere negligence." As such, Appellant contends the scope of the doctrine of
    charitable immunity at the time of the injury would not have afforded Respondents
    exemption from liability.
    "This Court has consistently ruled that the abrogation of immunities defenses is to
    be applied prospectively only." Hupman v. Erskine Coll., 
    281 S.C. 43
    , 44, 
    314 S.E.2d 314
    , 315 (1984). To determine whether the doctrine applies, the triggering
    event is when the cause of action arose. See Laughridge v. Parkinson, 
    304 S.C. 51
    ,
    54, 
    403 S.E.2d 120
    , 121 (1991). In determining whether the doctrine of charitable
    immunity protected Respondents at the time of the alleged abuse, the analysis is
    twofold: (1) we must determine whether the immunity applied at the time of the
    alleged injury and (2) whether the corporation had, at the relevant time, a
    charitable rather than commercial purpose. See Eiserhardt v. State Agric. & Mech.
    Soc'y of S.C., 
    235 S.C. 305
    , 311, 
    111 S.E.2d 568
    , 571 (1959); Laughridge, 
    304 S.C. at 54
    , 
    403 S.E.2d at 121
    . Because Appellant does not contest that
    Respondents are classified as a charitable organization, we are only tasked with
    determining whether the law of charitable immunity in 1970 provided exemption
    from liability. We find it did.
    The doctrine of charitable immunity was first announced by the South Carolina
    Supreme Court in Lindler v. Columbia Hospital of Richland County, 
    98 S.C. 25
    ,
    27, 
    81 S.E. 512
    , 512 (1914). Lindler involved alleged injuries suffered by a paying
    patient in a hospital supported, in part, by charity. Id. at 27, 
    81 S.E. at 513
    . The
    court held, "A charitable corporation is not liable to injuries, resulting from the
    negligent or tortious acts of a servant, in the course of his employment, where such
    corporation has exercised due care in his selection." Id. at 27, 
    81 S.E. at 512
    . The
    court explained its rationale stating "[t]he true ground upon which to rest the
    exemption from liability is that it would be against public policy to hold a
    charitable institution responsible for the negligence of its servants, selected with
    due care." Id. at 28, 
    81 S.E. at 513
    .
    The doctrine of charitable immunity was discussed next in Vermillion v. Woman's
    College of Due West, 
    104 S.C. 197
    , 
    88 S.E. 649
     (1916). The court in Vermillion
    considered whether a charitable entity was liable to a plaintiff who paid for entry to
    musical entertainment in its auditorium balcony, which subsequently fell. Id. at
    199, 
    88 S.E. at 649
    . The defendant claimed exemption from liability on the ground
    that it was a public charity. 
    Id.
     The court held that charitable immunity rendered
    charitable entities exempt from liability "for the torts of their superior officers and
    agents as well as for those of their servants or employ[ee]s, whether these be
    selected with or without due care." Id. at 202, 
    88 S.E. at 650
    . The court's rationale
    was that, in some instances, the rights of the individual must yield to the public
    good, and charities should not face ruin to compensate one or more individuals. 
    Id.
    In the case of Caughman v. Columbia Y.M.C.A., 
    212 S.C. 337
    , 343–44, 
    47 S.E.2d 788
    , 790 (1948), the court held that a charitable organization or institution was not
    liable under the workers compensation act. In determining whether the immunity
    doctrine applied, the court stated "the question has been settled in this jurisdiction
    by adoption of the rule of full immunity of such institutions from the torts of their
    agents and servants." Id. at 343, 
    47 S.E.2d at 790
    .
    In Bush v. Aiken Electric Cooperative Inc., 
    226 S.C. 442
    , 449–50, 
    85 S.E.2d 716
    ,
    719–20 (1955), the court held that even though a rural, electric co-operative was a
    non-profit organization, it was not a charitable corporation immune from tort
    liability. The court stated "[u]nder our decisions institutions of this kind, on
    grounds of public policy, enjoy full immunity from tort liability" and cited Lindler,
    Vermillion, and Caughman. Id. at 448, 
    85 S.E.2d at 719
    . However, the Bush court
    reiterated the Caughman court, stating "the writer desires to repeat the observation
    made in Caughman[], to the effect that he seriously doubts the soundness of the
    rule giving charitable institutions immunity from tort liability." Id. at 451, 
    85 S.E.2d at 720
    .
    In Eiserhardt v. State Agricultural & Mechanical Society of South Carolina, 
    235 S.C. at
    311–12, 
    111 S.E.2d at
    571–72, the court reaffirmed the defense of
    charitable immunity though it refused to extend immunity to activities outside the
    scope of the charitable organization's mission. The court found the charitable
    immunity doctrine inapplicable to a commercial venture conducted by a charitable
    corporation, stating, "we do not think immunity should be extended to a situation
    where the activity out of which the alleged liability arose is primarily commercial
    in character and wholly unconnected with the charitable purpose for which the
    corporation was organized. This view is supported by the overwhelming weight of
    authority." Id. at 312, 
    111 S.E.2d at 572
    . However, the court reiterated the
    principle that South Carolina has "adhered to the general rule laid down in
    Lindler[], of full immunity of charitable institutions from the torts of their agents
    and servants," yet has also "refrained from extending this immunity to a degree
    never contemplated when the rule was adopted." Id. at 311, 
    111 S.E.2d at 571
    .
    Finally, in Decker v. Bishop of Charleston, 
    247 S.C. 317
    , 325, 
    147 S.E.2d 264
    , 268
    (1966), the court applied charitable immunity to a tort claim against the Diocese
    and declared the church to be a true charity entitled to immunity from suit
    altogether. More importantly, the Decker court went through an exhaustive
    analysis of the history of charitable immunity in South Carolina, stating:
    For us to withdraw immunity from charitable institutions
    at this time, against the existing background of decisions
    of the court would, in effect, be an act of judicial
    legislation in the field of public policy. Whether some
    change in our rule is advisable is a question to be
    considered and resolved by the law making body.
    
    Id.
    Appellant relies almost exclusively on Jeffcoat v. Caine in arguing that charitable
    immunity did not apply to intentional torts at the time of the alleged abuse. The
    court in Jeffcoat addressed whether the South Carolina Baptist Hospital could be
    liable for false imprisonment, an intentional tort. 
    Id.
     at 77–78, 
    198 S.E.2d at 259
    .
    While the court declined to extend charitable immunity to exempt charitable
    organizations from liability for intentional torts, the court refused to overturn
    Lindler, Vermillion, and Decker. 
    Id.
     at 79–80, 
    198 S.E.2d at 260
    . Appellant relies
    on the court's following statements:
    There can be no doubt that the decisions in Lindler,
    Vermillion, and Decker contain broad general
    expressions to the effect that charitable institutions are
    exempt from all tort liability. However, the broad
    statement of a rule of complete exemption from tort
    liability was unnecessary to a decision in those cases, and
    the rule of charitable immunity has never been extended
    by our decisions beyond the facts in Lindler, Vermillion,
    and Decker. . . . These decisions point up the fact that
    this Court, while adhering in the past to the rule that
    charitable institutions are exempt from liability for mere
    negligence, has in every instance refused to further
    extend the rule. Therefore, the application of the
    immunity doctrine in a case of intentional tort is not
    required by precedent, nor, we conclude, by reason or
    justice.
    
    Id.
     Appellant's reliance on Jeffcoat is misplaced. First, Jeffcoat was decided three
    years after the cause of action in this case arose and is therefore not an accurate
    representation of the law in 1970.
    At its outset, the supreme court in Lindler held that charitable immunity in South
    Carolina meant that "a charitable corporation is not liable to injuries, resulting from
    the negligent or tortious acts of a servant, in the course of his employment." 
    98 S.C. at 27
    , 
    81 S.E. at 512
    . Two years later, the Vermillion court echoed the court
    in Lindler and stated that law of charitable immunity rendered charitable entities
    exempt from liability "for the torts of their superior officers and agents as well as
    for those of their servants or employ[ee]s." Id. at 202, 
    88 S.E. at 650
    . Then, the
    court in Caughman stated that "the question [of charitable immunity] has been
    settled in this jurisdiction by adoption of the rule of full immunity of such
    institutions from the torts of their agents and servants." Id. at 343, 
    47 S.E.2d at 790
     (emphasis added). Once more, the court in Bush stated that "[u]nder our
    decisions institutions of this kind, on grounds of public policy, enjoy full immunity
    from tort liability" and cited Lindler, Vermillion, and Caughman. Id. at 448, 
    85 S.E.2d at 719
     (emphasis added).
    Then, in Eiserhardt, while the court refused to extend the immunity to ventures
    conducted by a charitable organization not aligned with its charitable purpose, it
    again reiterated that South Carolina has "adhered to the general rule laid down in
    Lindler[], of full immunity of charitable institutions from the torts of their agents
    and servants." Id. at 311, 
    111 S.E.2d at 571
     (emphasis added). Most notably, four
    years before Appellant's alleged injury date, the court in Decker went through the
    history of charitable immunity precedent in South Carolina and stated that
    "withdraw[ing] immunity from charitable institutions at this time, against the
    existing background of decisions of the court would, in effect, be an act of judicial
    legislation in the field of public policy." Id. at 325, 
    147 S.E.2d at 268
    . As such,
    the court believed judicial restraint was necessary to prevent the erosion of an
    immunity historically based on public policy, which only the legislature should
    control. 
    Id.
    Jeffcoat acknowledges that the case law prior to its decision contained "expressions
    to the effect that charitable institutions are exempt from all tort liability." 
    261 S.C. at 79
    , 
    198 S.E.2d at 260
     (emphasis added); see also Vermillion, 
    104 S.C. at 202
    , 
    88 S.E. at 650
     ("The rule of total exemption is, perhaps, without exception, based
    upon grounds of public policy."); Caughman, 
    212 S.C. at 343
    , 
    47 S.E.2d at 790
    ("[T]he question has been settled in this jurisdiction by adoption of the rule of full
    immunity of such institutions from the torts of their agents and servants."); Bush,
    
    226 S.C. at 448
    , 
    85 S.E.2d at 719
     ("Under our decisions institutions of this kind, on
    grounds of public policy, enjoy full immunity from tort liability."). As a result,
    there existed authority supporting Respondents' position that complete immunity
    existed for charitable institutions in 1970. No court in this state had, at that time,
    restricted the charitable immunity doctrine to such an extent as to hold
    Respondents liable for intentional torts.
    Further, we find Roe v. Bishop of Charleston, No. 2:21-CV-20-RMG, 
    2022 WL 1570810
    , at *2 (D.S.C. May 18, 2022), aff'd, No. 22-1754 (4th Cir. May 17, 2023).
    which involves the same respondents as the instant case, instructive. Roe involved
    similar circumstances to our present case. The plaintiff alleged a priest of the
    Dioceses of Charleston, sometime between 1961–1966, sexually abused her. Id. at
    *1. She brought claims for (1) fraudulent concealment; (2) negligence/gross
    negligence/recklessness; (3) breach of fiduciary duty; (4) outrage/intentional
    infliction of emotional distress; (5) civil conspiracy; and (6) negligent retention or
    supervision. Id. The defendants filed various motions for summary judgment
    including one based on charitable immunity. Id. The District Court of South
    Carolina discussed South Carolina's history regarding the doctrine of charitable
    immunity including a discussion of Lindler, Vermillion, Eiserhardt, and Decker.
    Id. at *3–4. The district court found evidence that the defendants were a charitable
    organization during 1961–1966 and further found that the doctrine of charitable
    immunity would have barred the entirety of the plaintiff's claims. Id. at *3.
    Based on Appellant's concession of Respondents' charitable designation at the time
    of the alleged injury and the precedent at the time demonstrating support of
    complete immunity, we hold the circuit court properly granted summary judgment
    to Respondents on the basis of charitable immunity.
    Accordingly, the order of the circuit court is
    AFFIRMED.
    GEATHERS and VERDIN, JJ., concur.