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WADE v. BERKELEY COUNTY

No. 3145.

339 S.C. 513 (2000)

529 S.E.2d 743

Gerald D. WADE, Jr., Appellant, v. BERKELEY COUNTY, South Carolina and John Doe, Respondents.

Court of Appeals of South Carolina.

Decided April 3, 2000.

Rehearing Denied May 27, 2000.

Attorney(s) appearing for the Case

George J. Kefalos, of George J. Kefalos, P.A., of Charleston, for Appellant.

Stephen P. Groves, Joseph E. DaPore and Stephen L. Brown, all of Young, Clement, Rivers & Tisdale; and Bonum S. Wilson, III, of Pratt-Thomas, Pearce, Epting & Walker, all of Charleston, for Respondents.

ANDERSON, Judge:

This case was heard en banc to determine the efficacy of a document entitled "Covenant Not To Execute Judgment" as juxtaposed to the South Carolina Tort Claims Act. In this negligence action, Gerald D. Wade, Jr., appeals from the trial court's order granting summary judgment to Berkeley County pursuant to the Tort Claims Act.1 We reverse and remand.

FACTS/PROCEDURAL BACKGROUND

On the morning of June 1...

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