Linda Mc Co., Inc. v. Shore

While I concur in parts I, III, IV, V, VI, and VII of the majority opinion, I disagree with the majority’s analysis in part II dealing with the import and interpretation of section 15-39-30. The majority is correct in concluding that section 15-39-30 is not a statute of limitation. In my view, the majority is incorrect in concluding that it operates similar to one under the facts of this case.

Section 15-39-30 is not a statute of limitation, but it is clearly a statute of repose. There is a significant difference between the two. A statute of limitation is an affirmative *559defense that allows a…