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McCLAIN v. SOUTH CAROLINA DEPT. OF EDUC.

No. 24471.

473 S.E.2d 799 (1996)

Rejeana Earls McCLAIN, Respondent, v. SOUTH CAROLINA DEPARTMENT OF EDUCATION, Appellant.

Supreme Court of South Carolina.

Decided July 22, 1996.

Rehearing Denied August 23, 1996.

Attorney(s) appearing for the Case

William McBee Smith, Spartanburg, for Appellant.

Kenneth L. Holland, Gaffney, for Respondent.

Chief Counsel Victor S. Evans, of South Carolina Department of Transportation, Columbia; Raymon E. Lark, Jr. and Asby Fulmer, of Lewis, Rogers & Lark, Columbia, for Amicus South Carolina Department of Transportation.

Kathryn Williams, Greenville, for Amicus South Carolina Trial Lawyers Association.

Robert E. Lyon, Jr. and Robert S. Croom, Columbia, for Amicus South Carolina Association of Counties.

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)(1) (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 remittitur of the jury's verdict on damages. We affirm.

FACTUAL/PROCEDURAL BACKGROUND...

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