Blyth v. Marcus

MOORE, Justice:

The trial court granted respondent summary judgment on the grounds that the action was barred by the statute of limitations and the tolling statute was unconstitutional. We reverse and remand.

FACTS

In Columbia, on August 20, 1984, a car driven by respondent, Frank Marcus (Marcus), crossed the center lane and struck appellant, Eileen Blyth (Blyth), who was riding a bicycle. At the time of the accident both parties lived in South Carolina. Marcus moved to Georgia sometime in April 1985 and since then has remained a resident of Georgia.

Blyth commenced this action by filing a…