Rakestraw v. South Carolina Department of Highways & Public Transportation

Howell, Chief Judge:

This action involves the South Carolina Tort Claims Act, S.C. Code Ann. § 15-78-10 et seq. (Supp. 1995). Michael W. Rakestraw (Rakestraw) appeals the trial court’s grant of summary judgment in favor of the South Carolina Department of Highways and Public Transportation (SCDHPT) on the ground the SCDHPT was not grossly negligent in failing to reinstate Rakestraw’s driver’s license in a timely manner. We reverse and remand.

The facts in this case are not in dispute. Rakestraw was issued a valid driver’s license. However, because the SCDHPT received a notice of cancellation…