Bill 2415

                    Current Status

BillNumber:                2415
Ratification Number:       615
Act Number:                505
Introducing Body:          House
Subject:                   Relating to recovery against charitable organizations

(A505, R615, S2415)

AN ACT TO PROVIDE THAT A PERSON SUSTAINING INJURY BY REASON OF THE TORTIOUS ACT OF AN EMPLOYEE OF A CHARITABLE ORGANIZATION MAY ONLY RECOVER THE ACTUAL DAMAGES HE MAY SUSTAIN IN AN AMOUNT NOT EXCEEDING TWO HUNDRED THOUSAND DOLLARS, TO DEFINE A CHARITABLE ORGANIZATION FOR PURPOSES OF THIS ACT, TO PROVIDE THAT WITH CERTAIN EXCEPTIONS THE PLAINTIFF WHEN BRINGING SUCH AN ACTION SHALL ONLY NAME AS A PARTY DEFENDANT THE CHARITABLE ORGANIZATION FOR WHICH THE EMPLOYEE WAS ACTING, AND TO PROVIDE THAT THE BAR TO ANY ACTION AGAINST THE EMPLOYEE SHALL NOT APPLY WHERE THE EMPLOYEE IS ADJUDGED TO HAVE ACTED RECKLESSLY, WANTONLY, OR GROSSLY NEGLIGENT.

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

Definitions

SECTION 1. For purposes of this act:

(a) "Charitable organization" means any organization, institution, association, -society, or corporation which is exempt from taxation pursuant to Section 501(c)(3) or 501(d) of Title 26 of the United States Code, as amended, or Section 12-7-330 of the Code of Laws of South Carolina, 1976.

(b) "Employee" means an agent, servant, employee, or officer of a charitable organization.

Recovery against charitable organizations

SECTION 2. Any person sustaining an injury or dying by reason of the tortious act of commission or omission of an employee of a charitable organization, when the employee is acting within the scope of his employment, may only recover in any action brought against the charitable organization for the actual damages he may sustain in an amount not exceeding two hundred thousand dollars. The judgment in an action under this act shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the charitable organization whose act or omission gave rise to the claim. The plaintiff, when bringing an action under the provisions of this act, shall only name as a party defendant the charitable organization for which the employee was acting and shall not name the employee individually unless the charitable organization for which the employee was acting cannot be determined at the time the action is instituted. In the event the employee is individually named under the conditions permitted above, the entity for which the employee was acting shall be substituted as the party defendant when it can be so reasonably determined.

Bar to action

SECTION 3. That the bar to any action against the employee, provided herein, shall not apply where the employee is adjudged to have acted recklessly, wantonly, or grossly negligent.

Provisions supplemental

SECTION 4. The provisions of this act are supplemental and in addition to the provisions of Section 3 of Act 182 of 1977 and shall not be deemed to have repealed or otherwise modified that provision of law.

Time effective

SECTION 5. This act shall take effect upon approval by the Governor.

Approved the 28th day of June, 1984.