Grubb v. Clarendon Memorial Hospital ( 2013 )

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Supreme Court
Ronald Grubb, as PR of the Estate of Joyce Grubb,
Appellant,
v.
Clarendon Memorial Hospital, Respondent.
Appellate Case No. 2011-201946
Appeal from Clarendon County
The Honorable George C. James, Jr., Circuit Court Judge
Memorandum Opinion No. 2013-MO-034
Heard December 4, 2013 – Filed December 18, 2013
AFFIRMED
John W. Carrigg, Jr., of Carrigg Law Firm, of Lexington,
for Appellant.
Hugh W. Buyck, of Buyck, Sanders & Simmons, LLC,
of Mt. Pleasant, and Deborah H. Sheffield, of Columbia,
for Respondent.
PER CURIAM: This is a direct appeal from a grant of summary judgment in
favor of Respondent. Appellant claims that the trial court erred when it granted
summary judgment based on its finding that Appellant's claims were time barred.
Even assuming section 15-79-125 of the South Carolina Code applies, as Appellant
claims, we find Appellant's claims are nonetheless barred by the statute of
limitations. Thus, we affirm pursuant to Rule 220(b)(1), SCACR, and the
following authorities: S.C. Code Ann. § 15-78-110 (2005) (providing for a two-
year statute of limitations for claims brought under the TCA); id. § 15-79-125(C)
(Supp. 2012) (requiring that the parties in a medical malpractice action participate
in a pre-suit mediation conference); id. § 15-79-125(E) (Supp. 2012) (allowing
parties to initiate a civil action only after participating in the pre-suit mediation
conference).
AFFIRMED.
TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ.,
concur.