Brown v. County of Lexington

Gardner, Justice:

*28Plaintiffs Brown brought this action for personal injury and loss of consortium against Lexington County 23 months after an automobile accident which was allegedly caused by the county’s negligent failure to maintain a county road. Section 57-17-810, Code of Laws of South Carolina, 1976, specifically authorizes such suits against counties;1 however, § 57-17-830 provides, inter alia, that as a prerequisite to the cause of action a verified claim must be filed with the county board within 180 days and the suit must be instituted within one year of the accident. The trial judge…