application of the discovery rule (South Carolina) · Go Syfert
← South Carolina issues

application of the discovery rule in South Carolina

7 South Carolina opinions name it 2 courts 1997–2016 0 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Commercial Credit Loans, Inc. v. Riddlegreen
scctapp · 1999 · cited in 1 South Carolina opinions naming this issue, 2004–2004
1 sentence

2004Indeed, Commercial Credit recognizes “the policy of this state to limit the life of a judgment to ten years” and further asserts the ten-year “enforcement period cannot be tolled.” Id. at 185, 183 , 512 S.E.2d at 128, 127 . 2 *237 Home Port additionally cites a number of cases which allow the tolling of a statute of limitations under a variety of circumstances involving the application of the discovery rule 3 to a potential cause of action, but none applies the discovery rule to delay or interrupt the running of the ten-year enforcement period in section 15-39-30 after entry of the judgment in

11
Garrison v. Owensgreen
· 1972 · cited in 1 South Carolina opinions naming this issue, 2004–2004
2 sentences

2004See, e.g., Garrison, 258 S.C. at 446-47 , 189 S.E.2d at 33 .

2004See, e.g., Garrison, 258 S.C. at 446-47 , 189 S.E.2d at 33 .

11
Jane Roe v. Jane Doe John Doegreen
ca4 · 1994 · cited in 1 South Carolina opinions naming this issue, 1999–1999
2 sentences

1999Roe, 28 F.3d at 408 (footnotes omitted). 5 We hold “objective verifiability” is required for the application of the discovery rule.

1999Roe, 28 F.3d at 408 (footnotes omitted). [5] We hold "objective verifiability" is required for the application of the discovery rule.

11
Ault v. Jaskogreen
ohio · 1994 · cited in 1 South Carolina opinions naming this issue, 1999–1999
2 sentences

1999See Ault v. Jasko, 70 Ohio St.3d 114 , 637 N.E.2d 870 (1994).

1999See Ault v. Jasko, 70 Ohio St.3d 114 , 637 N.E.2d 870 (1994).

11
Anderson v. Shortgreen
sc · 1996 · cited in 1 South Carolina opinions naming this issue, 1998–1998
2 sentences

1998See, e.g., Anderson v. Short, 323 S.C. 522 , 476 S.E.2d 475 (1996); Preer, 323 S.C. 516 , 476 S.E.2d 472 .

1998See, e.g., Anderson v. Short, 323 S.C. 522 , 476 S.E.2d 475 (1996); Preer, 323 S.C. 516 , 476 S.E.2d 472 .

11
Santee Portland Cement Co. v. Daniel International Corp.green
sc · 1989 · cited in 1 South Carolina opinions naming this issue, 1997–1997
2 sentences

1997Though the provision specifically references the payment of liability limits as a condition under which the UIM earner has the right to assume control of the defense for its own benefit, this is not dispositive of its exclusivity. “[T]he inclusion of certain provi sions in a statute may be some evidence that the exclusion of others was purposeful, but the weight accorded this evidence may vary.” Santee Portland Cement v. Daniel Int'l Corp., 299 S.C. 269, 273 , 384 S.E.2d 693, 695 (1989) (rejecting the contention the legislature intended to limit the application of the discovery rule under § 15

1997Though the provision specifically references the payment of liability limits as a condition under which the UIM earner has the right to assume control of the defense for its own benefit, this is not dispositive of its exclusivity. “[T]he inclusion of certain provi sions in a statute may be some evidence that the exclusion of others was purposeful, but the weight accorded this evidence may vary.” Santee Portland Cement v. Daniel Int'l Corp., 299 S.C. 269, 273 , 384 S.E.2d 693, 695 (1989) (rejecting the contention the legislature intended to limit the application of the discovery rule under § 15

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Epstein v. Brown green
sc · 2005
2 sentences

2016Id. at 384 , 610 S.E.2d at 822 .

2016Id. at 384 , 610 S.E.2d at 822 .

22015–2016
Hinson v. Owens-Illinois, Inc. green
scd · 1987
1 sentence

2000However, in the context of a latent occupational disease, the District Court for the District of South Carolina considered the application of the statute of limitations in Hinson v. Owens-Illinois Inc., 677 F.Supp. 406 (D.S.C.1987).

12000–2000
Vestal v. Yonkers Contracting Co. green
nyappdiv · 1999
1 sentence

2000In Johnson v. Exxon Corp., 258 A.D.2d 946 , 685 N.Y.S.2d 530 (1999), a New York appellate court addressed the application of the discovery rule, as construed in Wetherill, in the context of an action for work-related injuries allegedly sustained from toxic exposure.

12000–2000
Preer v. Mims green
sc · 1996
2 sentences

1998See, e.g., Anderson v. Short, 323 S.C. 522 , 476 S.E.2d 475 (1996); Preer, 323 S.C. 516 , 476 S.E.2d 472 .

1998See, e.g., Anderson v. Short, 323 S.C. 522 , 476 S.E.2d 475 (1996); Preer, 323 S.C. 516 , 476 S.E.2d 472 .

11998–1998
Atlas Food Systems & Services, Inc. v. Crane National Vendors Division of Unidynamics Corp. green
sc · 1995
2 sentences

1997Vendors, 319 S.C. 556 , 462 S.E.2d 858 (1995).

1997Vendors, 319 S.C. 556 , 462 S.E.2d 858 (1995).

11997–1997

Statutes the citing opinions construe

SC § S.C. Code Ann. § 15-3-530 (6) SC § S.C. Code Ann. § 15-3-535 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 86 (1981–2026) IL 43 (1975–2025) PA 33 (1985–2025) NJ 28 (1978–2025) CA 26 (1998–2022) WA 15 (1983–2020) OH 13 (1983–2020) IA 12 (1981–2023) WV 11 (1965–2017) MS 11 (2002–2020) UT 10 (1990–2024) MD 10 (1980–2016) TN 10 (1995–2024) MI 9 (1989–2018) LA 8 (1994–2017) OK 8 (1992–2021) IN 8 (1996–2016) NM 8 (2005–2024) WI 7 (1991–2015) SC 7 (1997–2016) ME 7 (1981–2018) RI 7 (1991–2023) WY 7 (2000–2018) AZ 6 (1988–2023) MA 6 (1993–2024) VI 6 (2002–2025) ND 5 (1999–2019) AK 4 (2002–2014) HI 4 (1967–2021) DC 4 (1979–1994) NH 4 (1977–2021) OR 3 (1993–2015) KS 2 (1995–1996) MT 2 (1988–2002) NE 2 (1997–2006)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check