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BAKER v. SANDERS

23174

301 S.C. 170 (1990)

391 S.E.2d 229

Edgar R. BAKER, Administrator of the Estate of Layton Baker, Appellant v. Frank SANDERS, Marion Trading Company, and Coastal Rapid Public Transportation Authority, Defendants, of whom Coastal Rapid Public Transportation Authority is Respondent.

Supreme Court of South Carolina.

Decided March 12, 1990.

Attorney(s) appearing for the Case

Mark D. Chappell of Harris & Graves, PA, Columbia, for appellant.

John B. McCutcheon, Jr., of McCutcheon, McCutcheon, Baxter & Lawson, PA, Conway, for respondent.

Heard Jan. 10, 1990.

Decided March 12, 1990.

HARWELL, Justice:

This case involves the issue of whether the South Carolina Tort Claims Act precludes a survival action against the State for a death which resulted from its alleged negligent acts.

I. FACTS

Respondent Coastal Rapid Public Transportation Authority (Authority) is a governmental entity providing low cost transportation service in and around coastal South Carolina. On November...

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