Gaither v. City Hospital, Inc.

STARCHER, Justice:

This is an appeal by plaintiff-appellant Timothy Gaither from an October 17, 1995 order of the Circuit Court of Berkeley County that granted summary judgment for the defendant-appellee, City Hospital, Inc. The appellant contends that the circuit court failed to correctly apply the “discovery rule” to his claim, and improperly dismissed his medical malpractice action as barred by the statute of limitation. We agree and reverse the order of the circuit court.

I

Facts and Background

On October 17,1989, around four o’clock in the morning the then 23-year-old appellant was involved…