South Carolina General Assembly
124th Session, 2021-2022

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S. 82

STATUS INFORMATION

General Bill
Sponsors: Senator Malloy
Document Path: l:\s-res\gm\004liab.kmm.gm.docx

Introduced in the Senate on January 12, 2021
Introduced in the House on March 11, 2021
Last Amended on March 9, 2021
Currently residing in the House Committee on Ways and Means

Summary: Liability limitations

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/9/2020  Senate  Prefiled
   12/9/2020  Senate  Referred to Committee on Judiciary
   1/12/2021  Senate  Introduced and read first time (Senate Journal-page 164)
   1/12/2021  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 164)
   1/13/2021  Senate  Referred to Subcommittee:  Malloy (ch), Young, Sabb, 
                        Senn, Talley
   2/11/2021  Senate  Committee report: Favorable with amendment Judiciary 
                        (Senate Journal-page 4)
   2/12/2021          Scrivener's error corrected
    3/9/2021  Senate  Committee Amendment Adopted (Senate Journal-page 10)
    3/9/2021  Senate  Read second time (Senate Journal-page 10)
    3/9/2021  Senate  Roll call Ayes-30  Nays-9 (Senate Journal-page 10)
   3/10/2021  Senate  Read third time and sent to House 
                        (Senate Journal-page 14)
   3/11/2021  House   Introduced and read first time (House Journal-page 14)
   3/11/2021  House   Referred to Committee on Ways and Means 
                        (House Journal-page 14)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/9/2020
2/11/2021
2/12/2021
3/9/2021

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

+Indicates Matter Stricken

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COMMITTEE AMENDMENT ADOPTED

March 9, 2021

S. 82

Introduced by Senator Malloy

S. Printed 3/9/21--S.

Read the first time January 12, 2021.

            

A BILL

TO AMEND SECTION 15-78-120 OF THE 1976 CODE, RELATING TO LIMITATIONS ON LIABILITY, TO INCREASE THE LIMITS FROM A LOSS TO ONE PERSON ARISING FROM A SINGLE OCCURRENCE FROM THREE HUNDRED THOUSAND DOLLARS TO FIVE HUNDRED THOUSAND DOLLARS, TO INCREASE THE TOTAL LIMITS FROM A LOSS ARISING OUT OF A SINGLE OCCURRENCE FROM SIX HUNDRED THOUSAND DOLLARS TO ONE MILLION DOLLARS, AND TO PROVIDE THAT A PARTY WHO FILES AN OFFER OF JUDGMENT THAT IS NOT ACCEPTED, SHALL BE ALLOWED TO RECOVER FROM THE OFFEREE, AS PROVIDED FOR IN SECTION 15-35-400(B), REGARDLESS OF WHETHER THE TOTAL OF ADMINISTRATIVE, FILING, OR OTHER COURT COSTS, AND EIGHT PERCENT INTEREST ON THE AMOUNT OF THE VERDICT OR AWARD FROM THE DATE OF THE OFFER, COMBINED WITH THE VERDICT OR AWARD, EXCEEDS THE LIABILITY LIMITS SPECIFIED IN THIS SECTION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 15-78-120 of the 1976 Code is amended to read:

"Section 15-78-120.    (a)    For any action or claim for damages brought under the provisions of this chapter, the liability shall not exceed the following limits:

(1)    Except as provided in Section 15-78-120(a)(3) , no person shall recover in any action or claim brought hereunder a sum exceeding five three hundred thousand dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.

(2)    Except as provided in Section 15-78-120(a)(4) , the total sum recovered hereunder arising out of a single occurrence shall not exceed one million six hundred thousand dollars regardless of the number of agencies or political subdivisions or claims or actions involved.

(3)    No person may recover in any action or claim brought hereunder against any governmental entity and caused by the tort of any licensed physician or dentist, employed by a governmental entity and acting within the scope of his profession, a sum exceeding one million two hundred thousand dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.

(4)    The total sum recovered hereunder arising out of a single occurrence of liability of any governmental entity for any tort caused by any licensed physician or dentist, employed by a governmental entity and acting within the scope of his profession, may not exceed one million two hundred thousand dollars regardless of the number of agencies or political subdivisions or claims or actions involved.

(5)    The provisions of Section 15-78-120(a)(3) and (a)(4) shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State.

(b)    No award for damages under this chapter shall include punitive or exemplary damages or interest prior to judgment, except as provided in subsection (c).

(c)    A party that files an offer of judgment, as provided for in Section 15-35-400(A), which is not accepted, shall be allowed to recover from the offeree, as provided in Section 15-35-400(B), regardless of whether the total of administrative, filing, or other court costs, and eight percent interest on the amount of the verdict or award from the date of the offer, combined with the verdict or award, exceeds the liability limits provided for in subsection (a) of this section. The eight percent interest must be determined from the date of the offer and must be computed on the amount of the verdict or award subsequent to the application of any limitations on liability provided for in subsection (a) of this section. Nothing in this subsection shall be construed to limit or restrict the right of a defendant who is an offeror pursuant to Section 15-35-400(A) from receiving administrative, filing, or other court costs, or a reduction from the judgment or award of eight percent interest on the amount of the verdict or award as provided in Section 15-35-400(B).

(d)    In any claim, action, or proceeding to enforce a provision of this chapter, the signature of an attorney or party constitutes a certificate by him that he has read the pleading, motion, or other paper; that to the best of his knowledge, information, and belief formed after reasonable inquiry it is well-grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney's fee."

SECTION    2.    Upon approval by the Governor, this act takes effect July 1, 2021, for causes of action with a date of loss arising on or after July 1, 2021.

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This web page was last updated on March 30, 2021 at 10:30 AM