Boiter v. South Carolina Department of Transportation, 393 S.C. 123

Summary

The Supreme Court of South Carolina held that the two-tier damages cap under the South Carolina Tort Claims Act does not violate equal protection. The court further held that separate and independent negligent acts by the South Carolina Department of Transportation and the South Carolina Department of Public Safety constituted two occurrences, entitling the plaintiffs to a combined verdict of $1.2 million. The court affirmed in part and reversed in part the circuit court’s order.

Holdings

1. The two-tier statutory cap is constitutional because the classification satisfies rational-basis review.
2. SCDOT's and SCDPS's separate and independent negligent acts constituted two occurrences, entitling the Boiters to a combined verdict of $1.2 million.

Questions Presented

1. Whether the two-tier damages cap in the South Carolina Tort Claims Act violates equal protection because it provides higher limits for torts committed by government-employed physicians and dentists than for torts committed by other governmental entities.
2. Whether the separate negligent acts of SCDOT and SCDPS constituted one occurrence or two occurrences under the South Carolina Tort Claims Act.

Disposition

reversed_and_remanded