Wright Ex Rel. Green v. Colleton County School District

Harwell, Justice:

This is an appeal from a declaratory judgment action in which we must determine (1) the effective date of the South Carolina Tort Claims Act; (2) whether a political subdivision may waive the statutory cap on damages set forth in the South Carolina Tort Claims Act; (3) whether a parent may separately recover for medical expenses and loss of services resulting from injuries to a child and if so, in what amount; and (4) the constitutionality of the statutory cap on damages set forth in the South Carolina Tort Claims Act.

I. FACTS

On July 3, 1986, respondent Ray Thaddeus Green…