Brown v. Leverette, No. 22679

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtFINNEY; NESS; HARWELL
Citation291 S.C. 364,353 S.E.2d 697
PartiesBeverly BROWN and Thomas Brown, Appellants, v. Dennis LEVERETTE, Floyd Hodge and John Doe, "whose true name is unknown", Respondents. . Heard
Decision Date19 November 1987
Docket NumberNo. 22679

Page 697

353 S.E.2d 697
291 S.C. 364
Beverly BROWN and Thomas Brown, Appellants,
v.
Dennis LEVERETTE, Floyd Hodge and John Doe, "whose true name
is unknown", Respondents.
No. 22679.
Supreme Court of South Carolina.
Heard Nov. 19, 1987.
Decided Feb. 23, 1987.

[291 S.C. 365] Donald E. Rothwell and Danny R. Collins, both of Law Offices of Donald E. Rothwell, Columbia, for appellants.

Susan P. McWilliams, of Nexsen, Pruet, Jacobs & Pollard, Columbia, for respondents Dennis Leverette and Floyd Hodge.

FINNEY, Justice:

Appellants Brown brought this action against the individual respondents for personal injury and loss of consortium as a result of an automobile accident allegedly caused by the respondents' negligent maintenance

Page 698

of an unpaved road in Lexington County. Respondents' moved to dismiss the action pursuant to Rule 12(b)(6) of the South Carolina Rules of Civil Procedure. The trial court granted the motion. We reverse.

The appellants initially brought an action on June 24, 1981, against the County of Lexington based upon the same facts as set out below, naming only the County as a party defendant. The County demurred to the complaint. The trial court ruled the action could only be brought against the County pursuant to S.C. Code Ann. § 57-17-810 thru -860 (1976), and the complaint revealed on its face the one year statute of limitation provided in § 57-17-830 had run. Therefore, the action against the County of Lexington was barred. On appeal, the South Carolina Court of Appeals affirmed the trial court, Brown v. Lexington County, 283 S.C. 27, 320 S.E.2d 498 (S.C.App.1984).

Appellants commenced the instant suit against the respondents in their individual capacity by filing a Summons and Complaint on June 28, 1985. The complaint alleges that on July 7, 1979, the appellant Beverly Brown was injured when the car in which she was a passenger struck a pothole(s) on an unpaved highway in Lexington County. The appellants assert that the respondents owed a duty to properly maintain the roads and that their negligent performance[291 S.C. 366] of their responsibilities caused the accident and resulting injuries.

Respondents moved to dismiss the complaint pursuant to Rule 12(b)(6) of the South Carolina Rules of Civil Procedure on the grounds that: 1) the respondents were not charged with the duty of maintaining the county highways at the time of the accident; 2) the suit is barred by the one year statute of limitation provided in § 57-17-830, supra;...

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34 practice notes
  • Nelson v. QHG OF SOUTH CAROLINA INC., No. 3626.
    • United States
    • Court of Appeals of South Carolina
    • April 14, 2003
    ...the plaintiff to relief on any theory, then the grant of a motion to dismiss for failure to state a claim is improper. Brown v. Leverette, 291 S.C. 364, 353 S.E.2d 697 (1987); McCormick v. England, 328 S.C. 627, 494 S.E.2d 431 (Ct.App.1997). The facts and inferences alleged on the complaint......
  • Holy Loch Distributors v. Hitchcock, No. 2860.
    • United States
    • Court of Appeals of South Carolina
    • June 29, 1998
    ...entitle the plaintiff to relief on any theory of the case. Stiles v. Onorato, 318 S.C. 297, 457 S.E.2d 601 (1995); Brown v. Leverette, 291 S.C. 364, 353 S.E.2d 697 (1987). The question to be considered is whether in the light most favorable to the plaintiff, and with every doubt resolved in......
  • Baird v. Charleston County, No. 24885.
    • United States
    • United States State Supreme Court of South Carolina
    • January 18, 1999
    ...of the South Carolina Rules of Civil Procedure. The notice provisions in Rule 56 are incorporated into Rule 12(b)(6)." Brown v. Leverette, 291 S.C. 364, 367, 353 S.E.2d 697, 698-99 (1987); see also Johnson v. Dailey, 318 S.C. 318, 457 S.E.2d 613 (1995). In Brown, we found the trial court ha......
  • Williams v. Condon, No. 3392.
    • United States
    • Court of Appeals of South Carolina
    • October 1, 2001
    ...inferences reasonably deducible from the pleadings would entitle the plaintiff to relief on any theory of the case. Brown v. Leverette, 291 S.C. 364, 353 S.E.2d 697 (1987); McCormick v. England, 328 S.C. 627, 494 S.E.2d 431 (Ct.App.1997). The question to be considered is whether, in the lig......
  • Request a trial to view additional results
34 cases
  • Nelson v. QHG OF SOUTH CAROLINA INC., No. 3626.
    • United States
    • Court of Appeals of South Carolina
    • April 14, 2003
    ...the plaintiff to relief on any theory, then the grant of a motion to dismiss for failure to state a claim is improper. Brown v. Leverette, 291 S.C. 364, 353 S.E.2d 697 (1987); McCormick v. England, 328 S.C. 627, 494 S.E.2d 431 (Ct.App.1997). The facts and inferences alleged on the complaint......
  • Holy Loch Distributors v. Hitchcock, No. 2860.
    • United States
    • Court of Appeals of South Carolina
    • June 29, 1998
    ...entitle the plaintiff to relief on any theory of the case. Stiles v. Onorato, 318 S.C. 297, 457 S.E.2d 601 (1995); Brown v. Leverette, 291 S.C. 364, 353 S.E.2d 697 (1987). The question to be considered is whether in the light most favorable to the plaintiff, and with every doubt resolved in......
  • Baird v. Charleston County, No. 24885.
    • United States
    • United States State Supreme Court of South Carolina
    • January 18, 1999
    ...of the South Carolina Rules of Civil Procedure. The notice provisions in Rule 56 are incorporated into Rule 12(b)(6)." Brown v. Leverette, 291 S.C. 364, 367, 353 S.E.2d 697, 698-99 (1987); see also Johnson v. Dailey, 318 S.C. 318, 457 S.E.2d 613 (1995). In Brown, we found the trial court ha......
  • Williams v. Condon, No. 3392.
    • United States
    • Court of Appeals of South Carolina
    • October 1, 2001
    ...inferences reasonably deducible from the pleadings would entitle the plaintiff to relief on any theory of the case. Brown v. Leverette, 291 S.C. 364, 353 S.E.2d 697 (1987); McCormick v. England, 328 S.C. 627, 494 S.E.2d 431 (Ct.App.1997). The question to be considered is whether, in the lig......
  • Request a trial to view additional results

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