 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Grillo v. Speedrite Products5/22/2000
ad a potential cause of action against the company. In reaching this conclusion, the court noted Grillo's deposition testimony established he knew by May of 1992 that the Speedrite Ink was causing him problems.
STANDARD OF REVIEW
Summary judgment is appropriate when it is clear there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. The evidence and inferences which can be reasonably drawn are to be viewed in the light most favorable to the non-moving party. Baird v. Charleston County, 333 S.C. 519, 511 S.E.2d 69 (1999). All ambiguities, conclusions, and inferences arising from the evidence must be construed most strongly against the movant. Even when there is no dispute as to the evidentiary facts, but only as to the conclusions or inferences to be drawn from them, summary judgment should be denied. However, when plain, palpable, and indisputable facts exist on which reasonable minds cannot differ, summary judgment should be granted. "If triable issues exist, those issues must go to the jury." Young v. S.C. Dep't of Corrections, 333 S.C. 714, 718, 511 S.E.2d 413, 415 (Ct. App. 1999).
DISCUSSION
I.
Grillo argues, considering the facts in a light most favorable to him, that CMP was not entitled to summary judgment as a matter of law where reasonable minds could differ on when he knew or should have known he had a cause of action against CMP. We agree.
The elements of a cause of action in tort for personal injury are (1) duty, (2) breach of that duty, (3) proximate causation, and (4) injury. Shipes v. Piggly Wiggly, 269 S.C. 479, 238 S.E.2d 167 (1977). By statute, an action for personal injury must be commenced within three years after the cause of action shall have accrued. S.C. Code Ann. §15-3-20 and 15-3-530(5) (1976 and Supp. 1999). "The fundamental test . . . in determining whether a cause of action has accrued is whether the party asserting the claim can maintain an action to enforce it." Brown v. Finger, 240 S.C. 102, 111, 124 S.E.2d 781, 785 (1962). Stated differently, " cause of action accrues at the moment when the plaintiff has a legal right to sue on it." Id.
Our legislature modified the application of the general rule of accrual to personal injury actions by statutorily imposing the "discovery rule." As enacted, all actions initiated under section 15-3-530(5) "must be commenced within three years after the person knew or by the exercise of reasonable diligence should have known that he had a cause of action." S.C. Code Ann.§15-3-535 (Supp. 1999). In construing the "reasonable diligence" requirement, our supreme court stated:
The exercise of reasonable diligence means simply that an injured party must act with some promptness where the facts and circumstances of an injury would put a person of common knowledge and experience on notice that some right of his has been invaded or that some claim against another party might exist. The statute of limitations begins to run from this point and not when advice of counsel is sought or a full-blown theory developed. Snell v. Columbia Gun Exchange Inc., 276 S.C. 301, 303, 278 S.E.2d 333, 334 (1981)(An accidental and unexplained discharge of a pistol places the injured party on notice that a defect in the weapon is possible.).
A key element in the reasonable diligence test is "notice." The fact that an injured party may not comprehend the full extent of the damage is immaterial. Dean v. Ruscon Corp., 321 S.C. 360, 468 S.E.2d 645 (1996) (Trial court correctly granted directed verdict for defendant where plaintiff testified she saw crack in her building and, at that time, believed it resulted from
Page 1 2 3 4 5 6 South Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|