South Carolina Supreme Court Upholds Tiered Cap on Damages

The Supreme Court of South Carolina recently upheld a state law that sets a two-tiered cap on damages in personal injury lawsuits against state entities.

2011-08-19

August 19, 2011 (Press-News.org) The Supreme Court of South Carolina recently upheld a state law that sets a two-tiered cap on damages in personal injury lawsuits against state entities. The scheme permits lawsuits of up to $1.2 million against state-employed physicians, surgeons and dentists, while capping lawsuits against all other state entities at $300,000 per person and $600,000 per occurrence.

Larry and Jeannie Boiter challenged the validity of the law under the South Carolina state constitution after they were seriously injured in a motorcycle accident that occurred because of a burned-out traffic light. A citizen had reported that the light was out nearly 90 minutes before the accident took place.

The Boiters sued the South Carolina Department of Transportation and the South Carolina Department of Public Safety, claiming that both entities had negligently failed to take steps to prevent the accident.

At trial, a jury awarded the Boiters a total of $1.875 million in damages, but the court reduced the award to $600,000 because of the statutory tort limit, finding that only one occurrence of negligence had taken place.

The Boiters challenged the verdict on the grounds that the two-tiered cap on damages denied them equal protection of the law by treating claims differently based solely on the identity of the defendant. The South Carolina Supreme Court had upheld the scheme against three prior challenges, and once again found the two-tiered system to be valid.

Even though the court struck down the Boiters' constitutional challenge, their appeal was successful in one regard: the court found that the accident stemmed from two independent, separate acts of negligence, involving two distinct government entities -- the Department of Safety and the Department of Transportation. As a result, the couple was entitled to damages of $1.2 million instead of the $600,000 they were previously awarded.

Article provided by Mark C. Tanenbaum, P.A.
Visit us at www.tanenbaumlaw.com

ELSE PRESS RELEASES FROM THIS DATE:

The Two Faces of Enforcing New York's Marijuana Laws

2011-08-19

Although the New York legislature decriminalized possession of small amounts of marijuana in 1977, marijuana possession is still the top reason for arrests in New York City and one of the foremost reasons for arrest statewide. According to statistics released by the New York Division of Criminal Justice Services, New York City police officers have arrested 20 percent more people in the first quarter of 2011 than the same period in 2010 for marijuana possession. Across the state, police made 14,000 arrests for possession of marijuana, 13,000 of which were in New York ...

New Proposals to Protect Bicyclists in Boulder

2011-08-19

As the University of Colorado prepares for another academic year, Boulder transportation officials are considering several changes to protect pedestrians and bicyclists. Specifically, three proposals that build upon existing laws are under review. Officials first proposed a speed limit for bicyclists entering a crosswalk. Bicyclists would be required to slow down as they approach and travel through an intersection. Testing groups found that speeds of 8 miles per hour would give drivers a chance to see bicyclists and yield in a safe manner. Currently, the city code requires ...

Supreme Court Offers Protection to Juveniles in Minnesota

2011-08-19

The Age of Minnesota Juveniles Must Be Considered When Deciding Whether to Give Miranda Warning Last month, the United States Supreme Court issued a ruling to bring the due process rights of children into balance with the rights of adults. Traditionally, the criminal justice system has treated juveniles and adults differently. The distinctions between the court process and penalties administered to children and adults arise from the differences in their maturities and their abilities to understand their actions. In her opinion, Justice Sotomayor said police ought ...

Gas Prices Fueling Motorcycle and Scooter Sales: Safety at Issue

2011-08-19

Inflated gas prices have negatively impacted everyone's budget. Many commuters have looked to hybrids and fuel-efficient cars to save money. However, a growing population of people has gone the fun and affordable route of moped, scooter or motorcycle ownership. The Motorcycle Industry Council (MIC) reported a 7.2 percent increase in all motorcycle and scooter sales during the first quarter of 2011. BMW Motorrad is enjoying a 7.3 percent increase in BMW motorcycle sales compared to last year, while Honda scooter and motorcycle sales in May alone experienced a six percent ...

Discharge of Debts in Bankruptcy

2011-08-19

When a debt is legally discharged, you are no longer required to make any additional payments, and the lender is prohibited from making any further collection efforts. Both Chapter 7 and Chapter 13, the two types of consumer bankruptcy, have discharge provisions. But, not all types of debts can be discharged, and there are some considerations that anyone thinking about bankruptcy should take into account. Discharge Exceptions In a Chapter 7 proceeding, your assets that cannot be exempted will be liquidated (sold off) and most types of debt will be quickly discharged ...

Sheraton Atlanta Perimeter Hotel Provides Close Lodging to Visitors Attending Fire Rescue International 2011

2011-08-19

Sheraton Atlanta Perimeter Hotel North, located near Dunwoody, GA, offers convenient accommodations to fire chiefs and rescue professionals attending Fire Rescue International (FRI) 2011. The event will take place August 24-27 at Georgia World Congress Center in downtown Atlanta. For 135 years the International Association of Fire Chiefs has provided leadership to career and volunteer chiefs, chief fire officers and managers of emergency services. At FRI 2011 participants will see that Innovation Begins Here. This year's event will bring guests a fresh new perspective ...

Prompt Proofing Blog Post: Spelling and Grammar Pet Peeves

2011-08-19

As editors, proofreaders and copywriters, it is obvious that the team at Prompt Proofing is comprised of exactly the kind of people who read a newspaper and find errors that really irritate them - simple grammar and spelling errors made by people who are supposed to be knowledgeable in this area is definitely one of our main pet peeves! However, many others who do not work in this area also have certain spelling and grammar issues that really rile them. What are yours? Below we have shared our top five - some of these may sound familiar, as they have graced this blog ...

CORRECTION: Cynthia Scott Sings Tribute Song "I Have A Dream" at the Martin Luther King, Jr. Dedication Week in Washington DC on Aug 25th

2011-08-19

Cynthia Scott will perform "I Have A Dream" written by her late brother-in-law, the Rev. Clinton Levert, Jr., on Thursday, August 25, 2011 at 6:15 PM at the Walter E. Convention Center in Washington. She will perform additional songs reflecting the teachings of Dr. King that were recorded on Ms. Scott's latest all-original CD - "Dream For One Bright World". Scott says, "The songs I am performing address Dr. King's dream. It is an honor to participate in helping to keep the dream alive." To hear the song click on link: http://www.youtube.com/watch?v=5hg-Me9QxXo. "The ...

LifeStyle Magazine Enjoys Launch

2011-08-19

When it was first announced in June of 2011, that LifeStyle Magazine would once again be an offline magazine, subscriptions added at least 6000 new subscriptions in one day. Within the days that followed, the magazine garnered up 13,000 more subscriptions in no time. LifeStyle Magazine is a unique publication and presented as the first high quality, full color, informative and educational magazine of its kind. Starting back in 2004, LifeStyle Magazine has decided a reboot of the offline magazine, dedicated to couples in the lifestyle, or swinging. Designed for by ...

Lloyds TSB Spending Powere Report - Consumer Confidence Declines as Spending Power Growth Stalls

2011-08-19

- Consumer confidence in decline. Consumers' sentiment was adversely affected by the wider economy, inflation fears and their own financial situation for a third consecutive month. - Stretched consumers are increasingly looking to savings to help make ends meet. The amount of consumers on the tightest budgets who say they are dipping into their savings increased further in July, the highest it has been this year. - Weaker income growth is hitting spending power. Incomes continue to fall in real terms down 1.8% in July compared with a year earlier. - Growth in essential ...

South Carolina Supreme Court Upholds Tiered Cap on Damages

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: