Current Status Bill Number:4001 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970410 Primary Sponsor:Whipper All Sponsors:Whipper, Cobb-Hunter, Fleming, Knotts, Rice, Hodges, Haskins, Klauber and Riser Drafted Document Number:dka\4327cm.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Causes of action, certain to be filed in magistrates courts; limitations of liability, state agencies, Torts, Courts
Body Date Action Description Com Leg Involved
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House 19970410 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 15-78-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHEN AND WHERE TO COMMENCE AN ACTION AND THE REQUIREMENT OF A SPECIAL VERDICT TO SPECIFY PROPORTIONATE LIABILITY UPON MULTIPLE DEFENDANTS, SO AS TO PROVIDE THAT CERTAIN CAUSES OF ACTION MUST BE FILED IN MAGISTRATE COURT; AND TO AMEND SECTION 15-78-120, AS AMENDED, RELATING TO LIMITATIONS ON LIABILITY, THE PROHIBITION AGAINST THE RECOVERY OF PUNITIVE OR EXEMPLARY DAMAGES OR PREJUDGMENT INTEREST, AND AN ATTORNEY'S SIGNATURE ON PLEADINGS, MOTIONS, OR OTHER PAPERS, SO AS TO PROVIDE THAT A STATE AGENCY OR POLITICAL SUBDIVISION MAY BE REPRESENTED BY A DEPARTMENT MANAGER, STAFF PERSON, OR ANOTHER OFFICIAL IN CERTAIN ACTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-78-100 of the 1976 Code, as last amended by Act 352 of 1988, is further amended to read:
"Section 15-78-100. (a) Except as provided for in Section 15-3-40, an action for damages under this chapter may be instituted at any time within two years after the loss was or should have been discovered. Provided, that However, if a claim for damages was filed and disallowed or rejected an action for damages filed under this chapter, based upon the same occurrence as the claim, may be instituted within three years after the loss was or should have been discovered.
(b) Jurisdiction for any, except an action seeking damages of five thousand dollars or less, action brought under this chapter is in the circuit court and brought in the county in which the act or omission occurred. An action seeking damages of five thousand dollars or less must be filed in magistrate court.
(c) In all actions brought pursuant to this chapter when an alleged joint tortfeasor is named as party defendant in addition to the governmental entity, the trier of fact must return a special verdict specifying the proportion of monetary liability of each defendant against whom liability is determined."
SECTION 2. Section 15-78-120 of the 1976 Code, as last amended by Act 380 of 1994, is further amended by adding at the end:
"(d) In an action seeking damages of five thousand dollars or less, in which a state agency or political subdivision is a party, the state agency or political subdivision may be represented by a department manager, staff person, or another official. However, the representatives shall not receive compensation for representing a state agency or political subdivision."
SECTION 3. This act takes effect upon approval by the Governor.