Youmans v. South Carolina Department of Transportation

ANDERSON, J.:

Deonte Elmore was killed after his car skidded off a wet road and flipped in the median. His mother, Angela You-mans, initiated wrongful death and survival actions against the South Carolina Department of Transportation (DOT) alleging it was negligent in failing to maintain the highway to avoid rutting and not properly maintaining the median’s slope. A jury awarded Youmans nine million dollars on the wrongful death claim and two million dollars for the survival action. The circuit judge reduced the judgment by the South Carolina Tort Claims Act caps. Ten months later, the circuit…