Tuesday, February 28, 2006

S.C. Supreme Court issues opinion on contribution actions

In Capco of Summerville v. J.H. Gayle Construction Co., the supreme court considered whether a contribution claim was barred by the statute of repose. The court held that the suit was barred and that this was a situation where a lawsuit is filed on the eve of the running of the statute of repose, is not resolved until after the statute has run, and thus the contribution action is barred before the right has even accrued. The Court noted such a result seemed unfair and called upon the legislature to craft a remedy.

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