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HOOPER v. EBENEZER SR. SERVICES

No. 26748.

386 S.C. 108 (2009)

687 S.E.2d 29

Floree HOOPER, as Personal Representative of the Estate of Albert L. Clinton, Deceased, Petitioner, v. EBENEZER SENIOR SERVICES AND REHABILITATION CENTER, Respondent.

Supreme Court of South Carolina.

Decided December 14, 2009.

Attorney(s) appearing for the Case

John S. Nichols, of Bluestein, Nichols, Thompson & Delgado, of Columbia, and Robert V. Phillips, of McGowan, Hood, Felder & Johnson, of Rock Hill, for Petitioner.

R. Gerald Chambers and R. Hawthorne Barrett, both of Turner, Padget, Graham & Laney, of Columbia, for Respondent.

Justice BEATTY.

Floree Hooper ("Hooper"), acting as Personal Representative of the Estate of Albert L. Clinton, brought this action alleging claims for wrongful death and survival against Ebenezer Senior Services and Rehabilitation Center ("Ebenezer"). The trial court granted summary judgment in favor of Ebenezer, finding the claims were untimely asserted. The South Carolina Court of Appeals affirmed. Hooper v. Ebenezer Senior Servs. & Rehab. Ctr.,

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