Wade v. Berkeley County

I respectfully dissent.

The South Carolina Tort Claims Act is the exclusive civil remedy available in actions against governmental entities. Murphy v. Richland Memorial Hosp., 317 S.C. 560, 455 S.E.2d 688 (1995). The Act and its provisions relating to limitations and exemptions must be construed liberally in favor of limiting the liability of a governmental entity. S.C.Code Ann. § 15-78-200 (Supp.1998). Thus, if the Act is capable of two interpretations, one favoring limiting liability and one favoring expanding liability, we must choose that interpretation that limits the liability of the…