Peeler wins proviso to aid crash victims

By Charles Sowell  

MAY 18, 2012 8:59 a.m. (1)

State Sen. Harvey Peeler, R-Gaffney, wants Spartanburg County and South Carolina to pony up $4 million to pay the medical bills of 28 persons injured in last year’s Cleveland Park miniature train disaster.

The Gaffney lawmaker said the Senate finance committee, with $292 million added to the state budget by the Board of Economic Advisors earlier this month, has committed to the state’s $2 million share.

Finding $2 million from county coffers to match that money is going to be difficult since county officials are in the middle of their budgeting process and have already trimmed $6 million from the $80 million budget set to go into effect on July 1.

County officials are scrambling to find an extra $1 million to pay for a laundry list of needs in the coming fiscal year.

County officials would not comment on the proposal since they are tied up in litigation with some of the accident victims.

If the county can’t come up with their $2 million match, Peeler said he’d have to go back to the drawing board.

Peeler tried to pass a bill in 2011 to allow people to recover their full economic damages from the government. The 1986 Tort Claims Act puts a $600,000 cap on damages that local governments have to pay for any one incident. That means families of the train accident victims would have to split that amount.

It does not come close to covering the victims’ medical bills.

Peeler’s bill to change the Tort Claims Act is stuck in committee and is not likely to win passage, he said.

The Gaffney lawmaker did have some success in passing changes to the laws governing miniature trains in South Carolina.

The bill, called Benji’s Law in honor of 6-year-old Benji Easler, who was killed in the accident, sets specific permit requirements for miniature trains.

The $4 million payout plan is part of the entire budget and must clear the Senate, get the governor’s signature and be matched by the county before going into effect.

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