Vines v. Self Memorial Hospital
Vines v. Self Memorial Hospital
Opinion of the Court
Appellant Sandra Vines (Vines) appeals an Order granting summary judgment to Respondents (Hospital). We affirm.
FACTS
On November 2, 1988, Vines was injured while riding as a passenger in a van operated by Hospital when the driver ran over a curb.
Hospital moved for summary judgment on the ground that the claim was barred by the two-year statute of limitations set forth in S.C. Code Ann. § 15-78-10 et seq. (Tort Claims Act). Vines opposed summary judgment, arguing that: (1) she substantially complied with S.C. Code Ann. §§ 15-78-80 and 15-78-110, which provide a three-year statute of limitations to a plaintiff who files a verified claim for damages within one year of the loss; and (2) Hospital is estopped from asserting the statute of limitations.
Trial Court granted summary judgment, holding that the two-year statute of limitations was binding upon Vines.
ISSUES
1. Was substantial compliance sufficient to entitle Vines to the three-year statute of limitations?
2. Is Hospital estopped from asserting the statute of limitations?
DISCUSSION
A. Verified Claim
The Tort Claims Act contains a two-year statute of limitations for actions brought against the State. S.C. Code Ann. § 15-78-110 (Supp. 1992). However, if a plaintiff files a verified
Vines alleges that she is entitled to the three-year statute of limitations, contending that she substantially complied with its provisions notwithstanding she admittedly failed to file a verified claim. Hospital does not challenge that it had notice of Vines’ claim, but argues the notice was defective for lack of verification.
Following her injury, Vines completed claim forms, not notarized, with Hospital personnel. These forms are not a part of the record, nor can it be determined from the record what information required by the Act was supplied to Hospital.
A claim against a state entity under the Tort Claims Act must be verified to entitle a plaintiff to the three-year statue of limitations. Substantial compliance is not sufficient. Rink v. Richland Memorial Hospital, — S.C. —, 422 S.E. (2d) 747 (1992); Cochran v. City of Sumter, 242 S.C. 382, 131 S.E. (2d) 153 (1963), overruled on other grounds, McCall v. Batson, 285 S.C. 243, 329 S.E. (2d) 741 (1985); Searcy v. Dep’t of Educ., Transp. Div., 303 S.C. 544, 402 S.E. (2d) 486 (Ct. App. 1991). If strict compliance with the Act is not required, as the Dissent urges, every case in which the statute of limitations has run will be subject to litigation. To the extend that Braudie v. Richland County
The requirement that a claim be verified is imposed by the General Assembly. Had our legislature intended that unverified notice suffice to invoke the extended statute of limitations under the Tort Claims Act, it could have so provided.
Finally, as observed in Searcy, supra, “a verification serves to discourage the filing of false claims because verification permits a prosecution for perjury if the claim is fraudulent.” 303 S.C. at 546, 402 S.E. (2d) at 487.
This Court is not without sympathy for Vines and her injuries. However, it is not within the province of this Court to modify the clear statutory language set forth by the legislature.
B. Estoppel
Vines contends that Hospital is estopped from asserting its statute of limitations defense on the ground that the assistance of Hospital employees in completing the claim forms “caused her to believe she had done all that she needed to do.” We disagree.
A defendant may be estopped from claiming a statute of limitations defense if “the delay that otherwise would give operation to the statute has been induced by the defendant’s conduct.” Dillon Co. Sch. Dist. Two v. Lewis Sheet Metal, 286 S.C. 207, 218, 332 S.E. (2d) 555, 561 (Ct. App. 1985), cert. dismissed, 288 S.C. 468, 343 S.E. (2d) 613 (1986). This may consist of either an express representation that the claim will be settled without litigation or by conduct suggesting a lawsuit is unnecessary. Dillon, supra; Clements v. Greenville County, 246 S.C. 20, 142 S.E. (2d) 212 (1965). Settlement negotiations commenced, but not finalized, will not bar a defendant’s assertion of the statute of limitations. Gadsden v. Southern Railway, 262 S.C. 590, 206 S.E. (2d) 882 (1974).
Here, there is no showing that Vines delayed filing suit in reliance upon Hospital’s conduct. Indeed, upon Vine’s discharge from Hospital, her husband informed
Generally, the issue of whether estoppel bars a defendant from claiming the statute of limitations is a jury question. Dillon, swpra. However, where the record contains no evidence of conduct on the defendant’s part warranting estoppel, summary judgment is proper. Gadsden, supra. The record here is devoid of any showing that Hospital induced either Vines’ noncompliance with the verification requirement or her delay in filing suit. Accordingly, on these facts, summary judgment was proper.
Affirmed.
At this time, Vines was being treated in the Hospital for depression. However, she makes no claim that she was under any type of mental disability.
The Dissent states that Hospital conceded Vines substantially complied with the Act. Nothing in the record supports this statement. Hospital merely agreed that it had notice of Vine’s alleged injury. However, there was no showing of substantial compliance on this record.
219 S.C. 130, 64 S.E. (2d) 248 (1951).
The Dissent states: “If the legislature had intended for the absence of a verification to be a complete bar to the longer statutory period to file a lawsuit, as in Cochran, they could have written the statute to so provided.” We disagree. Such an interpretation would surely have the effect of requiring the General Assembly to specify, in every statute, that it intended compliance with its plain language provisions.
Dissenting Opinion
dissenting:
I respectfully dissent. I adhere to my dissent in Rink v. Richland Memorial Hospital, — S.C. —, 422 S.E. (2d) 747, 749 (1992) (3-2 decision) (Toal, A.J., dissenting).
The Legislative goal in providing a longer, three-year statute of limitations for those who have first filed a claim with the governmental entity was clearly to encourage claimants to attempt informal resolution of their claim. As a less costly procedure, it benefits both the claimant and the governmental entity but it provides an additional benefit to the governmental entity in that the entity receives early notification of pending claims. The verified claim must be filed with the entity within one year of the loss occurred or when it should have been discovered. S.C. Code Ann. § 15-78-80(d) (Supp. 1991).
In Braudie v. Richland County, 219 S.C. 130, 64 S.E. (2d) 248 (1951) . . . [t]he claimant did not file a verified claim but through her attorney appeared before the appropriate commission and wrote a letter to the county commission setting forth the details of her injury within two months of her injury. In Braudie, we noted the governmental entity had more information before it within forty-five days of the injury than was required to be fur*310 nished in one hundred and eighty days. Thus, we held the governmental entity had not only not been prejudiced but had benefitted from the claimant’s conduct. Therefore, the claimant should not be held to strict literal compliance of the statute.
As with the defendants in Braudie and Rink, in the case at bar, the hospital received the benefit of the early claim. Even-more compelling here is that the claim was filed while the plaintiff was a patient in the mental ward of the hospital. The claim was presented to the plaintiff by hospital personnel. Hospital personnel assisted the plaintiff in filing her claim. The plaintiff remained in the care of the defendant hospital for at least one week due to her injuries in the incident which is the basis of her claim. The hospital had enough information to turn the claim over to its insurance carrier, who investigated and denied the claim, under these facts, I would hold that the hospital waived its right to assert the lack of verification as a defense. See e.g., Mende v. Conway Hospital, Inc., 304 S.C. 313, 404 S.E. (2d) 33 (1991).
In overruling Braudie, the majority impliedly admits, as did the Hospital,
In denying Mrs. Vines the opportunity to litigate her claim, the majority relies on Rink v. Richland Memorial Hospital, — S.C. —, 422 S.E. (2d) 747 (1992) and Searcy v. Dept. of Educ., Transp. Div., 303 S.C. 544, 402 S.E. (2d) 486 (Ct. App. 1991). Although I dissented in Rink, Rink is distinguishable from the case at bar as the majority found that Rink did not substantially comply with the Act. In Searcy, however, the Court of Appeals found that Searcy substantially complied with the Act, but nevertheless was denied the longer statu
In order to reach the result of the majority, three statutes must be read together, our long-standing decision in Braudie must be overruled and cases under the general law must be ignored. See Mende v. Conway Hospital, Inc., 304 S.C. 313, 404 S.E. (2d) 33 (1991) (statute of limitations may be waived by action or inaction). Under these facts, I would hold that it is inequitable to deny the plaintiff the longer period to file her lawsuit and allow the hospital to rely on the lack of verification in the claim. I would further overrule Searcy and rely on this Court’s long-standing-precedent of Braudie.
Hospital’s attorney stated in oral argument before this Court “We do not dispute in this claim that we knew about the claim, it was investigated and we had an opportunity to consider Mrs. Vines’ claim. This is not in dispute.”
Reference
- Full Case Name
- Sandra VINES, Appellant v. SELF MEMORIAL HOSPITAL, Gleamms Human Resources Commission and Alease Thompson, Respondents
- Cited By
- 19 cases
- Status
- Published