Boyd v. United States Plaintiff was informed after surgery that her bowel had been perforated and re-sectioned. Plaintiff developed chronic diarrhea immediately after surgery, but no medical professional linked the diarrhea to the surgery until 10 months later. Contrary to the parties’ arguments, the court is convinced that plaintiff became aware of her injury and its cause sometime between her surgery and her visit to a nurse practitioner 10 months later.

Tagged with: Civil Practice Medical Malpractice Statute of Limitations Tort/Negligence

Mims v. Babcock Center, Inc. Plaintiff filed her original complaint on May 29, 2007 but never served it. She filed an amended complaint on May 7, 2008 and served it on May 12, 2008. Reading S.C. Code Ann. § 15-3-20(B) and Rule 3(a), SCRCP, together, we find the trial court erred when it granted defendants’ motion to dismiss based on insufficiency of process and insufficiency of service of process, as well as lack of jurisdiction, and failure to prosecute.

Tagged with: Civil Practice Service of Process Statute of Limitations

South Carolina Tel-Con, Inc. v. World Tower Co. S.C. substantive law applies to a contract dispute arising out of a Kentucky company’s alleged faulty design of telecommunication towers for an S.C. company to install in South Carolina.

Tagged with: Civil Practice Contract Statute of Limitations

McKnight v. Iceberg Enterprises LLC Although, at the time she filed her original complaint, plaintiff did not know who had manufactured the chair that broke when she sat in it, she amended her complaint to name the defendant-manufacturer within the time for serving process under Fed. R. Civ. P. 4(m). Defendant’s motion to dismiss, based on the statute of limitations, is denied.

Tagged with: Civil Practice Notice Pleadings Statute of Limitations Tort/Negligence

Capers v. Behr Heat Transfer Systems Even if plaintiff could make out a prima facie case of race discrimination, the defendant-employer has proffered a legitimate, nondiscriminatory reason for firing plaintiff: on top of her poor work record, she disobeyed her supervisor’s express instructions twice in six months.

Tagged with: Civil Rights Labor & Employment Statute of Limitations

Delebreau v. Bayview Loan Servicing LLC A West Virginia consumer credit statute’s one-year statute of limitations, which runs from the “due date of the last scheduled payment of the agreement,” started on the date the lender accelerated the borrower’s mortgage loan, not on the 2030 loan maturity date designated in the loan documents, and the 4th Circuit upholds the district court’s dismissal of the putative class claim under W.Va. Code § 46A-1-101.

Tagged with: Civil Practice Consumer Protection Real Property Statute of Limitations

Mayhew v. ILA Local 1771 Although plaintiff knew or should have known about the basis for his claims more than six months before he filed this action, the National Labor Relations Act’s six-month statute of limitations was tolled while plaintiff diligently pursued his rights with his union and the National Labor Relations Board. Defendants’ motions to dismiss, based on the statute of limitations, are denied.

Tagged with: Civil Practice Labor & Employment Statute of Limitations

Clifton, LLC v. Tadlock This is a dispute over a lease and the proceeds of a fire insurance policy taken out by the parties pursuant to an alleged oral modification to the lease. As such, plaintiff’s claims are subject to S.C. Code Ann. § 15-3-530(1)’s three-year limitations period rather than the 10-year statute of limitations applicable to actions arising out of an interest in land or the 20-year statute of limitations applicable to sealed instruments. The court grants defendant’s motion for summary judgment.

Tagged with: Civil Practice Contract Real Property Statute of Limitations

In a ruling that strengthens victims’ rights and clarifies an ambiguous state law, the N.C. Court of Appeals has determined that deferred prosecution agreements can toll the statute of limitations on civil claims arising from criminal cases. The decision gives plaintiffs extra time to file civil lawsuits seeking compensation from defendants in certain cases. The unanimous Jan. 17 ruling reverses a trial court decision that the limitations clock was ticking during the deferral agreement. The lower court reasoned that the tolling statute applied only to convictions.

Tagged with: Statute of Limitations

Cockrell v. Lexington County School District One In a proposed amended complaint, plaintiff Justin Cockrell alleges that, although he was originally assigned a qualified “shadow” to assist him with managing his learning disabilities, the defendant-school district assigned him a new, untrained shadow who injured Justin in a physical encounter. These allegations are sufficient to state a claim for gross negligence.

Tagged with: Civil Practice Schools & School Boards Statute of Limitations Tort/Negligence