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JACKSON v. S.C. DEPART. OF CORRECTIONS12/11/1989
and. As such, the jury could have seen the transfer as a failure to exercise even slight care under the circumstances.
The Department argues that even if Atkinson's transfer was an act of gross negligence, it is still immune from liability under Section 15-78-60(5). That section provides for immunity from liability for losses resulting
While Atkinson's transfer was admittedly an act requiring the discretion and judgment of the Department, Section 15-78-60(25) provides an exception to immunity where the governmental entity exercises its responsibility or duty in a grossly negligent manner. Section 15-78-60(5) must be read in light of this exception. If discretion is exercised in a grossly negligent manner, the exception to the normal rule of immunity applies.
Accordingly, we reverse the ruling of the trial court and remand for entry of judgment on the jury verdict.
Reversed and remanded.
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