Foster v. South Carolina Department of Highways & Public Transportation

Toal, Justice:

In this suit the Respondent-Appellant, Foster, sued the Highway Department under the South Carolina Tort Claims Act (SCTCA). The Highway Department appeals the verdict for Foster claiming that: (1) the trial court erred in admitting a letter written to the Department by a resident, (2) the trial court erred in failing to find Foster contributorily negligent as a matter of law, and (3) as a matter of law, the Highway Department’s employees’ acts were discretionary and entitled to immunity under the Act. Foster cross-appealed, claiming the trial court erred in reducing her Three…