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Tag Archives: Statute of Limitations

Tort/Negligence – Attorneys – Legal Malpractice – Civil Practice – Statute of Limitations – Workers’ Compensation – Personal Injury (access required)

Kimmer v. Wright Even before plaintiff’s workers’ comp claim was decided against him, his lawyer had admitted to making the mistake of settling with the third-party tortfeasor without giving notice to plaintiff’s employer, thereby endangering plaintiff’s workers‘ comp claim. Plaintiff was not entitled to await the outcome of his workers’ comp claim before filing a legal malpractice claim against his lawyer.

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Workers’ Compensation – Statute of Limitations – Sarcoidosis – Causation (access required)

Holmes v. National Services Industries Even though none of her doctors linked petitioner’s sarcoidosis to her job with the respondent-employer until 2005, given petitioner’s working conditions and symptoms, she should have realized she had a compensable condition more than two years before she filed her 2005 workers’ compensation claim. We affirm the Court of Appeals’ decision, which upheld the dismissal of petitioner’s claim as untimely.

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Landlord/Tenant – Commercial Lease – Statute of Limitations – ‘Common Expenses’ – Evidence – Attorney’s Fees (access required)

Port City Ltd. Partnership v. City of Charleston The parties entered into lease agreements for two offices in 1994 and 1996, respectively, and each lease required the defendant-tenant to pay its share of “common expenses.” Where the plaintiff-landlord did not request payment for common expenses until 2005, the trial court correctly ruled that the landlord’s claim for monies due prior to 2002 was barred by the statute of limitations. We affirm the trial court’s ruling as to the statute of limitations but reverse on the issues of the meaning of the term “common expenses” and the denial of attorney’s fees.

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Landlord/Tenant – Commercial Lease — Civil Practice – Statute of Limitations – Contract – Real Property (access required)

Palmetto Co. v. McMahon Even though the plaintiff-landlord titled its action as one for distraint, its claim for rent arose out of a commercial lease with the defendant-tenant, not out of its title to real property. Because a lease is a contract, the three-year statute of limitations applies.

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