Young v. SC DEPT. OF CORRECTIONS, No. 2938.

• Court: Court of Appeals of South Carolina
• Writing for the Court: ANDERSON.
• Citation: 333 S.C. 714,511 S.E.2d 413
• Docket Number: No. 2938.
• Decision Date: 01 February 1999
• Parties: Grady YOUNG, Appellant, v. SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, Respondent.

333 S.C. 714
511 S.E.2d 413

Grady YOUNG, Appellant,
v.
SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, Respondent

No. 2938.

Court of Appeals of South Carolina.

Heard January 12, 1999.

Decided February 1, 1999.

333 S.C. 716

Joseph C. Smithdeal, of Ayers, Smithdeal & Bettis, of Greenwood, for Appellant

Matthew P. Utecht, of Haynsworth, Marion, McKay & Guerard, of Greenville, for Respondent.

ANDERSON, Judge:

Grady Young initiated this negligence action against the South Carolina Department of Corrections. He appeals from the trial court's order granting summary judgment to the Department of Corrections and finding Young's claim was barred by the statute of limitations. We affirm.

FACTS/PROCEDURAL BACKGROUND

Grady Young is an inmate at Perry Correctional Institution (Perry), where he is serving a life sentence for murder. In January of 1993, Young began reporting vision problems to the medical staff at Perry. He complained of "floaters," which he described as "bugs," and blurred vision in his right eye. The medical staff examined and treated Young on several occasions, but did not refer him to an ophthalmologist until May of 1993.

Young recalled no further visual deterioration between January and May 4, 1993, when Dr. Julius Welborn, a private ophthalmologist, diagnosed Young with a detached retina in the right eye. Dr. Welborn made an appointment for Young to see Dr. Nick McLane the next day, which was May 5, 1993. Dr. McLane confirmed Dr. Welborn's diagnosis of total retinal detachment in the right eye. Young testified Dr. McLane informed him: "`You've got a retina and there's a lot of scar tissue built up in there.'" Referring to the medical staff at Perry, Dr. McLane told Young "`[t]hey waited too long.'"

Dr. McLane scheduled Young for retinal repair surgery, which was performed by Dr. Jeffrey Gross on May 11, 1993. Before the surgery, Dr. Gross asked Young why he had waited so long to seek help. Young responded: "`It's up to Perry.'"

333 S.C. 717

Dr. Gross explained to Young that "a lot of scar tissue had built up" and he was "`going to try to help'" him. When asked Dr. Gross's prognosis for recovery, Young declared Dr. Gross stated "that after everything was over with, he was hoping [Young] could see."

Dr. Gross warned Young that cataracts would quickly form in his eye after surgery and would have to be removed. As predicted, a cataract formed. Dr. Welborn removed it on July 12, 1994. After the cataract surgery, Young's vision did not improve. According to Young, this was the first time he realized his sight would not "get better due to the delay."

Young filed this negligence action on July 2, 1996. In its answer, the Department of Corrections averred Young's claim was barred by the applicable statute of limitations. The Department of Corrections moved for summary judgment, which the trial court granted.

ISSUES

I. Did the trial court err in finding Young failed to exercise reasonable diligence in discovering the injury to his eye?

II. Did the trial court err in granting summary judgment to the Department of Corrections?

STANDARD OF REVIEW

Summary judgment is appropriate when it is clear there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Etheredge v. Richland Sch. Dist. 1, 330 S.C. 447, 499 S.E.2d 238 (Ct.App.1998); Rule 56(c), SCRCP. See also Standard Fire Ins. Co. v. Marine Contracting and Towing Co., 301 S.C. 418, 392 S.E.2d 460 (1990) (motion for summary judgment shall be granted if pleadings, depositions, answers to interrogatories and admissions on file, together with affidavits, if any, show there is no genuine issue as to any material fact and moving party is entitled to judgment as matter of law). In determining whether any triable issue of fact exists, as will preclude summary judgment, the evidence and all inferences which can be reasonably drawn therefrom must be viewed in the light

333 S.C. 718

most favorable to the nonmoving party. Etheredge, supra; Pye v. Aycock, 325 S.C. 426, 480 S.E.2d 455 (Ct.App.1997). If triable issues exist, those issues must go to the jury. Rothrock v. Copeland, 305 S.C. 402, 409 S.E.2d 366 (1991)

Summary judgment is not appropriate where further inquiry into the facts of the case is desirable to clarify the application of the law. Tupper v. Dorchester County, 326 S.C. 318, 487 S.E.2d 187 (1997). All ambiguities, conclusions, and inferences arising from the evidence must be construed most strongly against the movant. Staubes v. City of Folly Beach, 331 S.C. 192, 500 S.E.2d 160 (Ct.App.1998). Even when there is no dispute as to evidentiary facts, but only as to the conclusions or inferences to be drawn from them, summary judgment should be denied. Id. However, when plain, palpable, and indisputable facts exist on which reasonable minds cannot differ, summary judgment should be granted. Id.; Pye, supra.

LAW/ANALYSIS

I. Statute of Limitations—Discovery Rule

Young argues the trial judge erred in finding he failed to exercise reasonable diligence in discovering the injury to his eye. We disagree.

The South...