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JOHNSTON v. BOWEN

8/23/1993

s, and inferences arising from the evidence against the moving party. A summary judgment is appropriate only if it is clear that no genuine issues of material fact exist. Rule 56, SCRCP.


Statute of limitations requiring actions to be commenced within a time period after a person knew or should have known that he had a cause of action means that the injured party must act with some promptness where facts and circumstances of the injury would put a person of common knowledge and experience on notice that some right of his had been invaded or that some claim against another party might exist. Snell v. Columbia Gun Exchange, Inc., 276 S.C. 301, 278 S.E.2d 333 (1981). The statute of limitations begins to run from this point and not when advice of counsel is sought or full-blown theory of recovery is developed. Id. The date of discovery is not when the plaintiff discovers a witness
HARWELL, C.J., and CHANDLER, FINNEY and MOORE, JJ., concur.




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