Johnson v. RobertsAnnotate this Case
Petitioners Dr. John Roberts and the Medical University of South Carolina (MUSC) sought a writ of certiorari to review the court of appeals' decision in Johnson v. Roberts, 812 S.E.2d 207 (Ct. App. 2018). Respondent Clair Johnson filed a medical malpractice action alleging Roberts and MUSC negligently treated Johnson with electroconvulsive therapy. Roberts and MUSC moved for summary judgment, contending the six-year statute of repose barred her claims, and the circuit court agreed, holding the repose period began on the first date of treatment. On appeal, the court of appeals reversed, relying on its decision in Marshall v. Dodds, 789 S.E.2d 88 (Ct. App. 2016), to hold that there was evidence to support Johnson's claim that Roberts and MUSC acted negligently within six years of filing her lawsuit. The South Carolina Supreme Court recently affirmed as modified the court of appeals' Marshall decision, holding the statute of repose began to run after each occurrence. In this case, Roberts and MUSC contended the court of appeals erred in finding Johnson's claims preserved for review and in holding the statute of repose began after each occurrence. The Supreme Court disagreed and affirmed.