CSX Transportation, Inc. v. Carolina Feed Mills, Inc.

OPINION

In this negligence action, the district court granted summary judgment on statute of limitations grounds to Carolina Feed Mills, Inc. (“Carolina”), finding that CSX Transportation, Inc. (“CSX”) failed to “commence” the action by both timely filing and serving the complaint, as required under South Carolina law. We conclude, as did the district court, that Carolina neither waived its statute of limitations defense nor is estopped from asserting it. Accordingly, we affirm.

I

On March 18, 1998, a CSX freight train derailed at a milepost located in Chester field County, South Carolina.…