Pressley v. The South Carolina Department of Transportation
Decision Date | 17 June 2020 |
Docket Number | 2020-UP-187 |
Parties | Jerry Pressley, Appellant, v. The South Carolina Department of Transportation, Respondent. Appellate Case No. 2018-001093 |
Court | South Carolina Court of Appeals |
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
Submitted May 1, 2020
Appeal From Williamsburg County George M. McFaddin, Jr., Circuit Court Judge
Raymond Carl Fischer and William Stuart Duncan, both of Law Offices of William Stuart Duncan, PA, of Georgetown, for Appellant.
William Grayson Lambert, of Burr & Forman, LLP, of Columbia, for Respondent.
Jerry Pressley appeals the circuit court's grant of summary judgment to the South Carolina Department of Transportation (SCDOT). The circuit court determined SCDOT was entitled to immunity under the South Carolina Tort Claims Act, SC Code Ann. §§ 15-78-10 to -220 (2005 & Supp. 2019) because (1) SCDOT lacked actual or constructive notice under section 15-78-60(15) and (2) the washout was a temporary or natural condition due to weather under section 15-78-60(8). On appeal, Pressley argues the circuit court erred in (1) finding SCDOT did not have actual or constructive notice of the washout and (2) finding the washout was a natural or temporary condition. We affirm.
1. The circuit court did not err in granting summary judgment to SCDOT because SCDOT did not have actual or constructive notice, and thus was entitled to immunity under section 15-78-60(15). See S. Glass & Plastics Co., Inc. v Kemper, 399 S.C. 483, 490, 732 S.E.2d 205, 208-09 (Ct. App. 2012) (); id. at 490, 732 S.E.2d at 209 (); § 15-78-60(15) ( ); Spence v. Spence, 368 S.C. 106, 118, 628 S.E.2d 869, 875 (2006) ; Major v. City of Hartsville, 410 S.C. 1, 3-4, 763 S.E.2d 348, 350 (2014) ( ).
2. The circuit court did not err in granting summary judgment to SCDOT because SCDOT was entitled to immunity under section 15-78-60(8) of the South Carolina Code. See S. Glass & Plastics Co., Inc., 399 S.C. at 490, 732 S.E.2d at 208-09 (); id. at 490, 732 S.E.2d at 209 (); § 15-78-60(8) (...
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