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ESTATE OF STOKES EX REL. SPELL v. PEE DEE FAMILY PHYSICIANS

No. 26867.

389 S.C. 343 (2010)

699 S.E.2d 143

The ESTATE OF Michael L. STOKES, by and through Jennifer Stokes SPELL, as the Duly Appointed Personal Representative, Appellant, v. PEE DEE FAMILY PHYSICIANS, L.L.P., Mark S. Steadman M.D., Reginald S. Bolick, M.D., and Pee Dee Surgical Group, P.A., Defendants, Of whom Reginald S. Bolick, M.D. and Pee Dee Surgical Group, P.A. are Respondents.

Supreme Court of South Carolina.

Decided August 16, 2010.

Rehearing Denied October 6, 2010.

Attorney(s) appearing for the Case

J. Edward Bell, III and Thomas W. Winslow , both of Bell Legal Group, of Georgetown, for Appellant.

Saunders M. Bridges, Jr. , Aiken, Bridges, Nunn, Elliott & Tyler, PA, of Florence, for Respondents.

Justice KITTREDGE:

This direct appeal presents the following question: If "A" has been injured and has a known claim against Defendant, but fails to file suit within the statute of limitations, and A thereafter dies as a result of the injury, may A's estate file and maintain a wrongful death claim against Defendant? We answer the question, "No." We affirm the trial court's dismissal of Appellant's Complaint against Respondents.

I.

In October 2001...

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