MacMurphy v. South Carolina Department of Highways

Appellant Mayme W. Macmurphy appeals a circuit court decision granting respondent, South Carolina Department of Highways and Public Transportation’s (Highway Department), motion to strike punitive damages. The circuit court ruled that punitive damages are not recoverable against an agency of the state. We affirm the decision of the circuit court.

Appellant and her husband, Herbert E. Macmurphy, Jr., exited Interstate 85 to access U.S. 221. As they proceeded onto U.S. 221, their automobile lost traction and stalled. A tractor-trailer operated by John A. Weaver collided with the Macmurphy’s…