Baker Ex Rel. Estate of Baker v. Sanders

Harwell, Justice:

This case involves the issue of whether the South Carolina Tort Claims Act precludes a survival action against the State for a death which resulted from its alleged negligent acts.

I. FACTS

Respondent Coastal Rapid Public Transportation Authority (Authority) is a governmental entity providing low cost transportation service in and around coastal South Carolina. On November 27,1987, Layton Baker was involved in an accident while a passenger in a vehicle owned by the Authority and driven by Doretha Livingston Thomas. The accident was caused when the vehicle Layton Baker was…