Thomas v. South Carolina Dept. of Highways and Public Transp., 2426

Citation465 S.E.2d 578,320 S.C. 400
Decision Date07 November 1995
Docket NumberNo. 2426,2426
CourtCourt of Appeals of South Carolina
PartiesJohn C. THOMAS, Appellant, v. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Respondent. . Heard

James P. Stevens, Jr., of Stevens Law Firm, Loris, for appellant.

Arrigo P. Carotti, John B. McCutcheon, Jr., and Mary Ruth M. Baxter, all of McCutcheon, McCutcheon & Baxter, Conway, for respondent.

GOOLSBY, Judge:

John C. Thomas brought this action against the South Carolina Department of Highways and Transportation under the South Carolina Tort Claims Act, S.C.Code Ann. § 15-78-10 (Supp.1994). A motorist whose motor vehicle registration had been suspended ran over Thomas, severely injuring him. The trial court granted the Department a directed verdict, holding the Department's failure to recover the motorist's license plates and motor vehicle registration was not a proximate cause of Thomas's injuries. The issue on appeal concerns the appropriateness of the trial court's grant of a directed verdict. We affirm.

Viewing the evidence in the light most favorable to Thomas, Thomas was walking home on the shoulder of S.C. Highway 9 outside of Loris, South Carolina, in the early morning hours on April 16, 1990. Samuel Green, driving an uninsured vehicle, ran off the road and hit Thomas. As a result, Thomas lost both his legs and became a paraplegic.

Green had failed to renew his automobile liability insurance policy, allowing it to lapse on October 4, 1989. Pursuant to S.C.Code Ann. § 56-10-40 (Supp.1994), the insurer had notified the Department Green had become uninsured. The last-cited statute requires the Department on being informed of the lapse or termination of a person's liability insurance "[to] make a reasonable effort to notify the person that his certificate of registration has been suspended and [to] recover the certificate from such person and the motor vehicle registration plates from the vehicles concerned."

The Department had notified Green on October 12, 1989, that because of the cancellation of his insurance policy, his vehicle had been placed on suspension and he needed to come into compliance with the law. After Green failed to comply, the Department listed his name in its suspension bulletin, a computer printout that lists current motor vehicle registration suspensions and is sent out monthly to the Highway Patrol. The Department forwarded the bulletin listing Green's name to the Highway Patrol in either November or December, 1989. As of April 16, 1990, however, the Highway Patrol had not confiscated Green's license tag and car registration.

Before a plaintiff can recover in a negligence action, the plaintiff must prove, among other things, causation in fact. Bramlette v. Charter-Medical-Columbia, 302 S.C. 68, 393 S.E.2d 914 (1990). Causation in fact is proved by establishing the injury would not have occurred "but for" the defendant's negligence. Id.

To establish causation in fact, Thomas was required to present evidence that showed the accident would not have occurred had the Department complied with the statute in question. See Accordini v. Security Cent., Inc., 283 S.C. 16,...

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5 cases
  • Vinson v. Hartley
    • United States
    • South Carolina Court of Appeals
    • October 14, 1996
    ... ... No. 2572 ... Court of Appeals of South Carolina ... Submitted Sept. 10, 1996 ... South Carolina Dep't of Hwys. and Pub. Transp., 309 S.C. 313, 422 S.E.2d 128 (1992). Causation ... , supra; Oliver, supra; Bramlette, supra; Thomas v. South Carolina Dep't of Hwys. and Pub ... S.C. Highway Dept. v. Townsend, 265 S.C. 253, 217 S.E.2d 778 ... South Carolina Department of Highways & Public Transportation v. Mooneyham, 275 S.C ... ...
  • Small v. Pioneer Machinery, Inc.
    • United States
    • South Carolina Court of Appeals
    • November 4, 1997
    ... ... No. 2748 ... Court of Appeals of South Carolina ... Heard Nov. 4, 1997 ... Decided ... South Carolina Dep't of Transp., 326 S.C. 516, 485 S.E.2d 119 (Ct.App.1997) (in ... Rush, supra; Thomas v. South Carolina Dep't of Hwys. and Pub ... ...
  • Rivero v. Loftis
    • United States
    • South Carolina Court of Appeals
    • July 25, 2018
    ... ... 2018-UP-340Court of Appeals of South CarolinaJuly 25, 2018 ... THIS ... immunity under the South Carolina Tort Claims Act, sections ... 15-78-10 to ... opinion in Thomas v. South Carolina Department of ... s & Public Transportation, which involved an ... Loftis: S.C. Dep't of Transp. v. First Carolina Corp ... of S.C., 372 ... ...
  • Rivero v. Loftis
    • United States
    • South Carolina Court of Appeals
    • July 25, 2018
    ... ... 2018-UP-340STATE OF SOUTH CAROLINA In The Court of AppealsHeard May 17, ... Loftis cites this court's opinion in Thomas v. South Carolina Department of Highways & Public ... Dep't of Transp. v. First Carolina Corp. of S.C., 372 S.C. 295, ... ...
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