Toney v. South Carolina Department of Education

Littlejohn, Chief Justice:

We granted a writ of certiorari to review the decision of the Court of Appeals in this case. The opinion of the Court of Appeals reported at 279 S. C. 484, 309 S. E. (2d) 773 (1983) is based upon an error of law and is quashed.

Keysha Toney, a second grade student, was a passenger on a school bus (Bus A). Soon after she debarked, a second school bus (Bus B) passed Bus A injuring the child. Keysha died four days later as a result of the injuries.

After recovering the non-fault death benefits provided by subsection (l)(a) of S. C. Code Ann. § 59-67-710, the respondent…