Legal Opinion

Tanyel v. Osborne

Court of Appeals of South Carolina

Decided February 7, 1994No. 2130PublishedCited by 5 opinions

1Opinion of the Court

Connor, Judge:

This accident between an automobile and a school bus involves the two-year statute of limitations in the South Carolina Tort Claims Act. The trial judge granted summary judgment to the South Carolina Department of Education (department). Tanyel appeals. We affirm.

The Tort Claims Act bars any action which is not “commenced within two years after the date the loss was or should have been discovered____” S.C. Code Ann. § 15-78-110 (Supp. 19093). It is undisputed Tanyel knew of his “loss” on the day of the accident. The trial judge reasoned the failure to bring an action within two…

2Cases cited5 opinions

  1. Snell v. Columbia Gun Exchange, Inc.Supreme Court of South Carolina · 1981
  2. Smith Ex Rel. Smith v. SmithSupreme Court of South Carolina · 1987
  3. Austin Ex Rel. Estate of Austin v. Conway Hospital, Inc.Court of Appeals of South Carolina · 1987
  4. Walker v. SuttonCourt of Appeals of Georgia · 1996
  5. Wilson v. ShannonCourt of Appeals of South Carolina · 1989

3Cited by5 opinions

  1. Lumsden v. Design Tech Builders, Inc.Court of Appeals of Maryland · 2000
  2. Bayle v. South Carolina Department of TransportationCourt of Appeals of South Carolina · 2001
  3. Joubert v. South Carolina Department of Social ServicesCourt of Appeals of South Carolina · 2000
  4. Republic Contracting Corp. v. South Carolina Department of HighwaysCourt of Appeals of South Carolina · 1998
  5. McClain v. JarrardCourt of Appeals of South Carolina · 2003

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