Doe v. City of Duncan

LOCKEMY, J.:

John Doe appeals the circuit court’s decision to dismiss his action pursuant to Rules 3, 12(b)(1), and 12(b)(2), SCRCP. Doe argues the circuit court failed to apply the Servicemembers Civil Relief Act (the Act).1 We affirm.

FACTS

On January 28, 2008, Doe filed a complaint against the City of Duncan (the City), asserting a cause of action for negligent supervision. In his complaint, Doe alleged he was sexually abused while participating in activities sponsored by the City’s fire department. Doe acknowledged he failed to serve the City with the summons or complaint.

Over four years…