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MURPHY v. RICHLAND MEMORIAL HOSPITAL2/27/1995
lack continuity, logic or fairness." McCall v. Batson, 285 S.C. 243, 245, 329 S.E.2d 741, 742 (1985). Thus, in McCall, we abolished the doctrine of sovereign immunity. Id. at 246, 329 S.E.2d at 742.
In response to our decision in McCall, the legislature implemented a comprehensive act providing for the logical disposition of governmental liability. S.C. Code Ann. §§ 15-78-10 to -190 (Supp. 1993). The Act first completely restores sovereign immunity. S.C. Code Ann § 15-78-20(b). The Act then provides specific waivers and limitations on actions against governmental entities. Id. Thus, the Torts Claims Act is a limited waiver of governmental immunity.
"In enacting such a limited waiver of immunity, it appears to us rational for the state to limit actions to those instances when the governmental entity is given reasonably early notice of the claim." Faucher v. City of Auburn, 465 A.2d 1120, 1125 (Me. 1983). A shorter statute of limitations period can be said to "be rationally designed to minimize the undue burden on the public entity brought by late filed claims which increase the cost of litigation and reduce the likelihood of settlement by making the full investigation of a claim a difficult, time and money consuming process." See id. Accordingly, we find no equal protection violation.
Affirmed.
FINNEY, C.J., MOORE, WALLER, JJ., and A. Lee Chandler, Acting Associate Justice, concur.
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