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BOITER v. SOUTH CAROLINA DEPT. OF TRANSP.

No. 26981.

393 S.C. 123 (2011)

712 S.E.2d 401

Larry Lee BOITER, Appellant, v. SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION and South Carolina Department of Public Safety, Respondents. and Jeannie Boiter, Appellant, v. South Carolina Department of Transportation and South Carolina Department of Public Safety, Respondents.

Supreme Court of South Carolina.

Decided June 6, 2011.

Rehearing Denied July 21, 2011.

Attorney(s) appearing for the Case

James Fletcher Thompson , of Spartanburg, for Appellants.

Andrew F. Lindemann , of Davidson & Lindemann, of Columbia and Ronald H. Colvin , of Spartanburg, for Respondents.

Justice HEARN:

Two issues are presented in this appeal: (1) whether the two-tier statutory cap in the South Carolina Tort Claims Act is constitutional, and (2) whether two separate governmental entities' negligent acts, which resulted in severe injuries to Larry Lee and Jeannie Boiter (collectively, the Boiters) constitute one or two occurrences under the Tort Claims Act. The circuit court found the statutory caps constitutional...

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