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Current Status Bill Number:View additional legislative information at the LPITS web site.4427 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20000112 Primary Sponsor:Davenport All Sponsors:Davenport Drafted Document Number:l:\council\bills\psd\7029ac00.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Torts Act, doesn't prohibit award for negligent infliction of emotional distress, Courts, Civil actions, Minors, Abused History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000112 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-78-75 SO AS TO PROVIDE THAT LIMITATIONS AND RESTRICTIONS UNDER THE TORT CLAIMS ACT DO NOT PROHIBIT AN AWARD FOR THE NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 15-78-75. The limitations and restrictions set forth in this chapter do not prohibit an award for the negligent infliction of emotional distress against an agency of the State in which the infliction of emotional distress resulted from the agency's gross negligence in carrying out or failing to carry out its responsibilities under the Children's Code relative to child abuse and neglect. The emotional distress must be established by the testimony of two physicians, psychologists, or psychiatrists, including testimony that the emotional distress caused significant temporary or permanent impairment to the plaintiff which was manifested by recurring physical symptoms that required medical treatment."
SECTION 2. This act takes effect upon approval by the Governor.
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