Young ex rel. Estate of Armstrong v. South Carolina Department of Disabilities & Special Needs

Respondent alleged her child died as the result of Pam Gaither’s negligence. She brought a timely wrongful death and survival action against appellant South Carolina Department of Disabilities and Special Needs (State Agency). After the statute of limitations expired, respondent was permitted to amend her complaint under Rule 15(c), SCRCP, to add appellant Fairfield/Newberry Disabilities Special Needs Board (Local Board) as a defendant.

The circuit court filed an order granting summary judgment under Rule 56(d), SCRCP, holding:

1) Gaither and Local Board are employees of State Agency;

2) Gaither…