Friday, August 03, 2007

S.C. Court of Appeals affirms that statute of repose is "substantive" for choice of law issues

In Nash v. Tindall Corp., plaintiffs were injured when a bridge collapsed in North Carolina. Tindall defended on the grounds that the suit was barred by North Carolina's statute of repose. Plaintiff countered that that South Carolina law, not North Carolina law, should be applied in this case. The Court of Appeals disagreed, holding that the substantive law of the place of the injury applies and that a statute of repose creates a substantive right in those protected to be free from liability after a legislatively-determined period of time.

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