712 S.E.2d 401
S.C.2011Background
- Boiters injured in motorcycle collision due to burnt-out signal bulbs; sued SCDOT and SCDPS for negligence; they settled with Kochenower for $50,000 policy limits.
- Boiters alleged SCDOT failed to implement a relamping policy; SCDPS failed to notify a trooper after a citizen's report.
- Jury awarded $1.875 million each to Boiters against both agencies; total verdicts after trial: $3.75 million.
- Circuit court reduced verdicts to cap amounts under the Tort Claims Act, finding a single occurrence.
- Boiters challenged the two-tier cap as unconstitutional and argued there were two separate occurrences; circuit court denied first challenge and limited damages.
- This appeal addresses cap constitutionality and whether there were one or two occurrences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of two-tier cap under equal protection | Boiter(s) claim unequal treatment lacks rational basis | Cap rationally related to government liability and healthcare costs | Two-tier cap constitutional under rational basis |
| Whether there were two occurrences or one | Two independent acts by SCDOT and SCDPS constitute separate occurrences | Single unfolding sequence ties acts to one occurrence | Two separate occurrences; Boiters entitled to combined $1.2 million verdict against both |
Key Cases Cited
- Wright v. Colleton County School Dist., 301 S.C. 282, 391 S.E.2d 564 (1990) (upheld general existence of statutory caps and rational basis in limiting government liability)
- Foster v. South Carolina Dept. of Highways & Public Transportation, 306 S.C. 519, 413 S.E.2d 31 (1992) (two-tier cap not shown to lack rational basis; deference to legislative classification)
- Giannini v. South Carolina Dept. of Transportation, 378 S.C. 573, 664 S.E.2d 450 (2008) (aggregate liability cap supported by rational basis; no equal protection violation)
- Chastain v. AnMed Health Foundation, 388 S.C. 170, 694 S.E.2d 541 (2010) (occurrence issue; facts distinguishable; burden to prove multiple occurrences on plaintiff)