RANUCCI v. Crain

723 S.E.2d 242, 397 S.C. 168, 2012 WL 243332, 2012 S.C. App. LEXIS 12
CourtCourt of Appeals of South Carolina
DecidedJanuary 25, 2012
Docket4935
StatusPublished
Cited by9 cases

This text of 723 S.E.2d 242 (RANUCCI v. Crain) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
RANUCCI v. Crain, 723 S.E.2d 242, 397 S.C. 168, 2012 WL 243332, 2012 S.C. App. LEXIS 12 (S.C. Ct. App. 2012).

Opinions

CURETON, A.J.

Three years after suffering a collapsed lung following a medical procedure, Shannon Ranucci filed a Notice of Intent to File Suit (Notice) against Corey K. Crain, M.D. Ranucci subsequently filed an affidavit of a medical expert. The circuit court granted Dr. Crain’s motion to dismiss Ranucci’s Notice for failure to file the medical expert’s affidavit timely. Ranucci appeals, arguing the circuit court erred in finding the affidavit of her medical expert was not timely filed and in reading sections 15-79-125 and 15-36-100 of the South Carolina Code independently of each other. We affirm.

FACTS

On June 7, 2006, Dr. Crain performed a needle biopsy of Ranucci’s breast. Afterward, Ranucci suffered severe respiratory pain. On June 10, 2006, an x-ray revealed Ranucci had suffered a collapsed lung.

On June 8, 2009, Ranucci filed the Notice with the circuit court, describing the preceding events and naming Dr. Crain [170]*170as a defendant. The Notice stated “time constraints” prevented Ranucci from contemporaneously filing an affidavit of a medical expert. Furthermore, the Notice stated either she would file such an affidavit within the next forty-five days or her allegations of negligence would be “within the ambit of common knowledge and experience” so that Dr. Crain’s conduct could be evaluated without the assistance of special learning.

Along with the Notice, Ranucci filed her Responses to Standard Interrogatories (Responses), which indicated she claimed partial and total temporary disability, loss of enjoyment of life, and medical and surgical expenses in addition to a collapsed lung. Ranucci identified Richard L. Boortz-Marx, M.D., and her treating physicians as expert witnesses she intended to call at trial.

In response, Dr. Crain filed an Answer to Notice of Intent to File Suit and a Motion to Dismiss. Dr. Crain moved for dismissal based upon Ranucci’s failure to file an expert witness’s affidavit contemporaneously with her Notice. He further contended the statute of limitations procedurally barred Ranucci from filing an action against him for her injuries because her expert witness’s affidavit was defective.

On July 23, 2009, Ranucci filed an affidavit of Dr. BoortzMarx (Affidavit), indicating Dr. Boortz-Marx practiced medicine in the areas of Anesthesiology and Anesthesiology Pain Management. Dr. Boortz-Marx averred Dr. Crain had violated the applicable standard of care by failing to document Ranucci’s informed consent. Subsequently, Dr. Crain filed a supplemental memorandum pointing out Ranucci had not explained the “time constraints” that prevented her from timely filing an expert’s affidavit1 and adding to his grounds for dismissal the various deficiencies in the filing and substance of the Affidavit.

On August 13, 2009, the circuit court heard arguments on Dr. Crain’s motion. The parties extensively argued both procedure and substance. In an order dated September 21, [171]*1712009, the circuit court found Ranucci failed to file the Affidavit timely as required by section 15-79-125 and granted Dr. Crain’s motion to dismiss the Notice. However, because the Notice and Affidavit did not constitute an “action,” the circuit court denied Dr. Crain’s motion to dismiss based upon the applicable statute of limitations.

On October 5, 2009, Ranucci filed a motion to alter or amend the judgment seeking clarification of the circuit court’s interpretation of sections 15-36-100 and 15-79-125. The circuit court denied the motion but stated the two statutes “operate independently of each other, and ... [section] 15-36-100 does not offer a procedural alternative to [section] 15-79-125.” This appeal followed.

STANDARD OF REVIEW

An issue regarding statutory interpretation is a question of law. S.C. Coastal Conservation League v. S.C. Dep’t of Health & Envtl. Control, 390 S.C. 418, 425, 702 S.E.2d 246, 250 (2010). “When reviewing an action at law, on appeal of a case tried -without a jury, the appellate court’s jurisdiction is limited to correction of errors of law.” Epworth Children’s Home v. Beasley, 365 S.C. 157, 164, 616 S.E.2d 710, 714 (2005).

LAW/ANALYSIS

Ranucci asserts the circuit court erred in finding the Affidavit was not timely filed and in reading sections 15-79-125 and 15-36-100 of the South Carolina Code independently of one another. We disagree.

A. Statutory Interpretation

“The cardinal rule of statutory interpretation is to determine the intent of the legislature.” Bass v. Isochem, 365 S.C. 454, 469, 617 S.E.2d 369, 377 (Ct.App.2005); see also Gordon v. Phillips Utils., Inc., 362 S.C. 403, 406, 608 S.E.2d 425, 427 (2005) (“The primary purpose in construing a statute is to ascertain legislative intent.”). “All rules of statutory construction are subservient to the one that legislative intent must prevail if it can be reasonably discovered in the language used, and that language must be construed in light of the intended purpose of the statute.” McClanahan v. Richland Cnty. [172]*172Council, 350 S.C. 433, 438, 567 S.E.2d 240, 242 (2002). Courts should ascertain the legislature’s intent “primarily from the plain language of the statute.” Stephen v. Avins Constr. Co., 324 S.C. 334, 339, 478 S.E.2d 74, 77 (Ct.App.1996). We must read the language “in a sense that harmonizes with its subject matter and accords with its general purpose.” Hitachi Data Sys. Corp. v. Leatherman, 309 S.C. 174, 178, 420 S.E.2d 843, 846 (1992).+

Terms that are clear and unambiguous on their face leave no room for statutory construction, and we must apply the statute according to its literal meaning. Miller v. Aiken, 364 S.C. 303, 307, 613 S.E.2d 364, 366 (2005); see also City of Camden v. Brassell, 326 S.C. 556, 561, 486 S.E.2d 492, 495 (Ct.App.1997) (“Where the language of the statute is clear and explicit, the court cannot rewrite the statute and inject matters into it which are not in the legislature’s language.”). “An appellate court cannot construe a statute without regard to its plain meaning and may not resort to a forced interpretation in an attempt to expand or limit the scope of a statute.” Brown v. S.C. Dep’t of Health & Envtl. Control, 348 S.C. 507, 515, 560 S.E.2d 410, 414 (2002). However, when two statutes conflict, a specific statute prevails over a more general statute. Spectre, LLC v. S.C. Dep’t of Health & Envtl. Control, 386 S.C.

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RANUCCI v. Crain
723 S.E.2d 242 (Court of Appeals of South Carolina, 2012)

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Bluebook (online)
723 S.E.2d 242, 397 S.C. 168, 2012 WL 243332, 2012 S.C. App. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ranucci-v-crain-scctapp-2012.