Columbia/CSA-HS Greater Columbia Healthcare System, LP v. South Carolina Medical Malpractice Liability Joint Underwriting Ass'n
Supreme Court of South Carolina
1Dissent
*564Chief Justice TOAL.
I respectfully dissent because I read section 15-3-545(A) more narrowly than the majority. In my view, the plain language of section 15-3-545(A) applies to all lawsuits arising from the underlying tortious conduct of the medical professional. However, indemnification actions such as this one are legally distinct from the underlying tort. Accordingly, it is my opinion that the statute does not apply to indemnification actions.
I. Underlying Facts and the Majority’s Holding
This appeal is predicated upon two related cases. The first case involves the Sharpes’ medical…
2Cases cited15 opinions
- Hodges v. RaineySupreme Court of South Carolina · 2000
- McDermott v. City of New YorkNew York Court of Appeals · 1980
- Addy v. BoltonSupreme Court of South Carolina · 1971
- Rowland v. Skaggs Companies, Inc.Supreme Court of Missouri · 1984
- Central Washington Refrigeration, Inc. v. BarbeeWashington Supreme Court · 1997
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