Shelley v. SC Highway Patrol

Syllabus

In this civil action, Renee Hale Shelley, as Personal Representative of the Estate of Michael Mann Lindler (the Estate), appeals the trial court's order granting the South Carolina Highway Patrol's (the Highway Patrol) motion for a directed verdict. On appeal, the Estate argues the trial court erred in (1) granting the Highway Patrol immunity from liability under the South Carolina Tort Claims Act (the Act) pursuant to subsection 15-78-60(4) of the South Carolina Code (2) granting the Highway Patrol immunity from liability under subsection 15-78-60(6) of the Act and (3) finding the custodial immunity in subsection 15-78-60(25) of the Act--which includes a gross negligence exception--did not apply under the facts of this case. The Highway Patrol cross appeals, arguing the trial court erred in denying the Highway Patrol discretionary immunity from the Estate's claims under subsection 15-78-60(5) of the Act. We affirm.