 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Pike v. South Carolina Department of Transportation11/6/2000
al judgment" meant the verdict in the trial court. Since the verdict in this case was rendered on July 18, 1996, the Court of Appeals held that the 1997 reenactment of the statutory cap did not apply. Pike, 332 S.C. at 618-19, 506 S.E.2d at 523.
Subsequent to the Court of Appeals' decision, this Court faced the same issue in Steinke v. South Carolina Dep't of Labor, Licensing, and Regulation, 336 S.C. 373, 520 S.E.2d 142 (1999). Based on the separation of powers doctrine, the Steinke Court held that the Legislature could not by retroactive amendment overrule this Court's prior precedent that the statutory cap does not apply to actions filed before July 1, 1994. Because the action in Steinke had been filed on June 29,1994, two days before the reinstatement of the limits on July 1,1994, the Court held that the statutory cap did not apply. The instant action was filed on June 23, 1994. Pursuant to Steinke, the statutory cap simply does not apply. We therefore affirm the result reached by the Court of Appeals on this issue.
CONCLUSION
We hold that a governmental entity has the burden of persuasion by a preponderance of the evidence when asserting discretionary immunity under the Tort Claims Act. Thus, because a jury issue was created, the Court of Appeals correctly affirmed the trial court's denial of the DOT's directed verdict and post-trial motions. We also hold that the trial court correctly admitted evidence of prior accidents at the intersection and letters to the DOT about the intersection. Finally, we hold that the statutory cap does not apply to this case based on the recent Steinke decision. The Court of Appeals' decision is AFFIRMED AS MODIFIED.
TOAL, C.J., MOORE, BURNETT and PLEICONES, JJ., concur.
Page 1 2 3 4 5 6 South Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|