Brenda D. Bishop, as Guardian Ad Litem for Bobbi Hatley Robertson, Petitioner v. South Carolina Department Of…

Summary

The South Carolina Supreme Court affirmed the lower courts' summary judgment in favor of the Department of Mental Health, holding that the Department owed a duty to warn the child’s guardian of the mother’s release but that breach was not a proximate cause of the child’s injury, and that the Department owed no duty to diagnose or treat the mother for the child’s benefit. Justice TOAL dissented, arguing the majority improperly decided the intervening‑negligence issue without a factual record.