Legal Opinion
Gattis v. Chavez
District Court, D. South Carolina
Decided January 5, 1976No. Civ. A. 74-425PublishedCited by 24 opinions
1Opinion of the Court
ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
HEMPHILL, District Judge.
Defendant in this medical malpractice action has moved for summary judgment on the ground that the South Carolina statute of limitations 1 bars recovery. The plaintiff, who admittedly failed to file his complaint within six years of either the alleged misdiagnosis or the date of his last treatment by the defendant, contends that the statute is not a bar because suit was instituted within six years of the date upon which the alleged malpractice was discovered.
The relevant facts, about which there is no substantial…
2Cases cited27 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Urie v. ThompsonSupreme Court of the United States · 1949
- Nial Ruth Cox v. A. M. Stanton, M.D.Court of Appeals for the Fourth Circuit · 1975
- Fernandi v. StrullySupreme Court of New Jersey · 1961
22 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Campus Sweater & Sportswear Co. v. M. B. Kahn Construction Co.District Court, D. South Carolina · 1979
- Santee Portland Cement Co. v. Daniel International Corp.Supreme Court of South Carolina · 1989
- Dillon County School District Number Two v. Lewis Sheet Metal Works, Inc.Court of Appeals of South Carolina · 1985
- Mauldin v. Dyna-Color/Jack RabbitSupreme Court of South Carolina · 1992
- Mitchell v. HendricksDistrict Court, E.D. Pennsylvania · 1977
19 more not listed; retrieve them via the Exa API.