BLYTH v. MARCUS

No. 2486.

470 S.E.2d 389 (1996)

Eileen C. BLYTH, Appellant, v. Frank Lamar MARCUS, Respondent.

Court of Appeals of South Carolina.

Decided March 18, 1996.

Rehearing Denied May 23, 1996.


Attorney(s) appearing for the Case

James T. McLaren and C. Dixon Lee, III, both of McLaren & Lee, Columbia, for appellant.

Robert A. McKenzie, Robert J. Elam, and Robert M. Cook, II, all of McDonald, McKenzie, Rubin, Miller & Lybrand, Columbia, for respondent.


HOWELL, Chief Justice:

The question presented is whether S.C.Code Ann. § 15-3-30 (1976) survived the adoption of the South Carolina Rules of Civil Procedure (the Rules). The trial judge dismissed the negligence action filed by Eileen C. Blyth, finding Rule 3(b), SCRCP impliedly repealed section 15-3-30, thus Blyth's action was barred by the statute of limitations. Blyth appeals.

Facts

On August 20, 1984, Blyth was injured after Frank...

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