Thomas v. Grayson

Finney, Justice:

Pursuant to Rule 228, SCACR, we agreed to answer the following questions certified by the United States District Court for the District of South Carolina:

1. Under South Carolina law, is the limitation period in S.C. Code Ann. § 15-3-530(6) on injuries arising from wrongful death a condition precedent to the filing of an action (i.e., a qualification or condition restricting the right granted by the wrongful death statute) that would preclude the relation back of the foreign personal representative’s qualification in South Carolina and preclude these wrongful death/survival…