Major v. City of Hartsville
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Petitioner Alberta Major fell and sustained an ankle injury while walking across an unpaved area of an intersection, which was owned and maintained by respondent City of Hartsville. Petitioner asserted her injury was a result of a rut in the ground created by vehicles frequently driving over the unpaved area. Petitioner brought suit against respondent alleging negligence, gross negligence, and willful and wanton conduct. Prior to trial, respondent filed a motion for summary judgment contending it was not liable under the South Carolina Torts Claims Act (SCTCA) because it was not on notice of any rut at the location where petitioner allegedly sustained her injury. The trial judge granted summary judgment in favor of respondent, finding respondent's knowledge of vehicles cutting the unpaved corner at the intersection did not create a continual condition and did not place respondent on constructive notice of the actual rut. The Court of Appeals affirmed, referring to the SCTCA and finding although petitioner presented evidence that respondent had notice of circumstances it knew would eventually lead to a rut, there was no evidence respondent had notice of the specific rut petitioner alleged caused her injury. The Court of Appeals further found there was no continual condition sufficient to establish constructive notice and impute liability to respondent. Based on the testimony presented at the summary judgment hearing, the Supreme Court found, however, that a genuine issue of material fact existed as to whether respondent should have been charged with constructive notice on the basis that the rut existed for such a period of time that respondent, in the use of reasonable care, should have discovered it. Furthermore, the Court found a genuine issue of material fact as to whether the recurring nature of the defect created a continual condition giving rise to constructive notice. Therefore, the Court of Appeals' was reversed and the matter remanded for further proceedings.
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