Gray v. Bryant

Finney, Justice:

This appeal involves the question of whether a motion to amend a new trial motion was timely submitted and whether there was newly discovered evidence which would entitle appellant to a new trial. Although expressing reservations as to whether the motion to amend was timely under Rule 59 of the South Carolina Rules of Civil Procedure, the trial court considered the amendments along with the motion for a new trial. The trial court denied the motion, ruling that appellant had not been prejudiced. We reverse and remand for a new trial.

This is a medical malpractice action. The…