Hooper v. Ebenezer Senior Services & Rehabilitation Center, 386 S.C. 108

Summary

The Supreme Court of South Carolina considered whether wrongful-death and survival claims were barred by the statute of limitations when service of process was delayed. The court held that equitable tolling was appropriate because the defendant failed to maintain accurate registered-agent information, which hindered the plaintiff's diligent efforts to effect service. The court reversed the grant of summary judgment and remanded for further proceedings.

Holdings

1. Equitable tolling may be applied when justified by all the circumstances, including when a defendant's failure to maintain accurate registered-agent information required by law hinders a plaintiff's diligent efforts to effect service. Under the unique circumstances of this case, the statute of limitations was equitably tolled for the time Hooper pursued service on Ebenezer's nonexistent agent.
2. Summary judgment for Ebenezer was improper because the circumstances warranted equitable tolling of the statute of limitations.
3. An appellate court reviews the grant of summary judgment under the same standard applied by the trial court, viewing the evidence and reasonable inferences in the light most favorable to the nonmoving party.

Questions Presented

1. Whether the statute of limitations should be equitably tolled for the period during which Hooper diligently attempted to serve Ebenezer's nonexistent or unlocatable registered agent listed in public records.
2. Whether summary judgment was properly granted on the ground that service was completed after expiration of the statute of limitations and more than 120 days after filing under Rule 3(a)(2), SCRCP.
3. What standard governs appellate review of summary judgment.

Disposition

reversed_and_remanded