Tort/Negligence – SCTCA — Civil Practice – Jurisdiction

South Carolina Lawyers Weekly staff//November 29, 2011//

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Randolph M. James, P.C. v. Oconee County Aeronautics Commission (Lawyers Weekly No. 002-062-11, 7 pp.) (Henry M. Herlong Jr., Sr.J.) D.S.C.

Holding: Pursuant to the Oconee County ordinances, the defendant-commission lacks the capacity to be sued; the proper defendant is the county itself. Since the county is the proper defendant, plaintiff’s negligence claim is governed by the S.C. Tort Claims Act, and jurisdiction over such claims lies only in state court.