At the culmination of the trial, the jury found in favor of the Boiters and awarded each of them with a total of $1.875 million. However, the SCDOT and the SCDPS filed motions for judgement notwithstanding the verdict, a new trial, and to reduce the verdict amount pursuant to the Tort Claims Act. As a response to this, the Boiters filed a motion challenging the constitutionality of the two-tier cap in the Tort Claims Act and were able to assert that the agencies' negligence constituted two seperate occurances.

The decision from the circuit court denied the agencies' motions for judgement notwithstanding the verdict and a new trial, as well as the Boiters motion challenging the cap's constitutionality. The court found there was only one occurance and granted the agencies' motion to reduce the verdict pursuant to the Tort Claims Act. Their verdict was reduced to $300,00 each, for a total of $600,000.

The Boiter's appealed to the state's high court. In the ruling, the court said that it did find two seperate occurances in the two seperate acts of negligence commited by the SCDOT and the SCDPS. Therefore, the Boiters demonstrated that there were two occurances and were awarded a combined verdict of $1.2 million.

Have You Been Injured In A South Carolina Motorcycle Accident?

If you've been injured in motorcycle accident you need to speak with an experienced motorcycle accident attorney as soon as possible. Please contact us online or call our Conway, South Carolina office directly at 843.248.7486 to schedule your consultation. We are also able to meet clients at our Myrtle Beach, Murrells Inlet, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

Dirk J. Derrick
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South Carolina Lawyer Dirk Derrick helps victims recover from car accidents, personal injury & wrongful death.
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