Wade v. Berkeley County

ANDERSON, Judge:

This case was heard en banc to determine the efficacy of a document entitled “Covenant Not To Execute Judgment” as juxtaposed to the South Carolina Tort Claims Act. In this negligence action, Gerald D. Wade, Jr., appeals from the trial court’s order granting summary judgment to Berkeley County pursuant to the Tort Claims Act.1 We reverse and remand.

FACTS/PROCEDURAL BACKGROUND

On the morning of June 1, 1995, Bobby Joe Pierce was driving his personal vehicle to his job as an animal control officer with Berkeley County. While on the way, Pierce stopped to determine if a dead dog…