McClain v. South Carolina Department of Education

Toal, Justice:

This case concerns the implied repeal and subsequent reenactment of the $250,000 governmental liability cap contained in the South Carolina Tort Claims Act, S.C. Code Ann. § 15-78-120(a)(l) (Supp. 1994). The circuit court ruled that the $250,000 cap does not apply to any cases filed before July 1, 1994, and, therefore, denied the defendant’s motion for remitture of the jury’s verdict on damages. We affirm.

FACTUAL/PROCEDURAL BACKGROUND

On November 16, 1990, Respondent Rejeana McClain’s car was struck by a school bus owned by the Appellant South Carolina Department of Education…