Major v. City of Hartsville

This appeal involves constructive notice under subsection 15-78-60(15) of the South Carolina Code (2005), a provision of the Tort Claims Act. The question before the court is “constructive notice of what?” More precisely stated, the issue we address is: What is the “defect or condition” of which a plaintiff must prove a governmental entity had constructive notice before the entity is subject to liability “for loss arising out of a defect or a condition in [or] on ... a highway, road, street, ... or other public way caused by a third party?” § 15-78-60(15). Alberta Major presented evidence the…