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Odom v. Lane12/2/2003
pitals, just like any other corporate employer, are liable in tort for the negligent acts of their employees committed within the course and scope of their employment.
Id. at 25-6, 213 S.E.2d at 304.
The instant case is not distinguishable from Sides in any meaningful aspect. Anson County Hospital was owned and operated by Anson County when plaintiff was born there. Because its operation was a proprietary function pursuant to Sides, it did not enjoy governmental immunity for tort claims against it. Defendant acquired the assets and liabilities of Anson County Hospital by agreement, including any liability it might have for injuries to plaintiff. Thus, we conclude that the trial court erred in granting summary judgment for the hospital on the basis of governmental immunity.
Reversed.
Judges TIMMONS-GOODSON and ELMORE concur.
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