Beaver v. Fountain

State: South Carolina

Docket No: 10-198

Case Date: 11/16/2010

Plaintiff: Beaver

Defendant: Fountain

Preview:NO. COA10-198 NORTH CAROLINA COURT OF APPEALS Filed: 16 November 2010 JOSEPH BERNICE BEAVER and ANN F. BEAVER, Plaintiffs, v. GRANT MICHAEL FOUNTAIN, Defendants. Appeal by defendant from order entered 25 November 2009 by Judge R. Allen Baddour, Jr. in Chatham County Superior Court. Heard in the Court of Appeals 1 September 2010. Barron & Berry, L.L.P., by Vance Barron, Jr., for plaintiffappellees. Stephenson, Stephenson & Gray, LLP, by James B. Stephenson, II, for defendant-appellant. STEELMAN, Judge. Where the plain language of the federal Servicemembers' Civil Relief Act provides for the tolling of the statute of limitations in actions in which civilians have brought claims against members of the armed services, the trial court did not err in denying defendant's motion for judgment on the pleadings based upon the statute of limitations and in granting plaintiffs' motion for partial summary judgment as to that defense. I. Factual and Procedural Background Chatham County No. 09 CVS 261

At approximately 10:10 a.m. on 25 March 2006, Joseph and Ann Beaver (plaintiffs) were involved in a motor vehicle accident with

-2Grant Fountain (defendant) near the intersection of North Elm Street and West Market Street in Greensboro. On 26 March 2009,

three years and one day after the accident, plaintiffs filed a complaint against defendant and alleged that they suffered personal injuries and damages as a result of the negligence of defendant in the operation of his vehicle. On 4 June 2009, defendant filed an

answer denying the material allegations of the complaint and asserting plaintiffs' claims were barred by the applicable threeyear statute of limitations. On 9 July 2009, plaintiffs filed an

amended complaint and included an allegation that defendant was enlisted as a reservist in the United States Air Force and had been on active duty for several months prior to the filing of the complaint. Plaintiffs asserted that under the provisions of the

Servicemembers' Civil Relief Act, 50 U.S.C.A. App.

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