MAJOR v. CITY OF HARTSVILLE

No. 4979.

398 S.C. 257 (2012)

728 S.E.2d 52

Alberta MAJOR, Appellant, v. CITY OF HARTSVILLE, Respondent.

Court of Appeals of South Carolina.

Decided June 6, 2012.

Rehearing Denied July 17, 2012.


Attorney(s) appearing for the Case

Michael T. Miller , Wukela Law Firm, of Florence, for Appellant.

William Bailey Woods , Woods Law Firm, LLC, of Lexington, for Respondent.


FEW, C.J.

This appeal involves constructive notice under subsection 15-78-60(15) of the South Carolina Code (2005), a provision of the Tort Claims Act. The question before the court is "constructive notice of what?" More precisely stated, the issue we address is: What is the "defect or condition" of which a plaintiff must prove a governmental entity had constructive notice before the entity is subject to liability "for loss arising out of a defect or a condition in...

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