866 S.E.2d 577
S.C.2021Background
- HOA sued multiple defendants, including Bostic Brothers Construction, for construction defects in waterfront townhomes at Lake Keowee; a two-week trial resulted in plaintiff verdicts against several defendants.
- Bostic appealed; the Court of Appeals issued two published opinions (Stoneledge I and II), affirming in part and reversing in part.
- This Supreme Court case reviews the Court of Appeals' Stoneledge II decision, focusing primarily on Bostic's statute-of-limitations challenge and related remedies issues.
- Bostic argued it was entitled to a directed verdict because the three-year limitations period had expired; the HOA relied on the discovery rule (S.C. Code §15-3-535) to oppose that defense.
- The Supreme Court affirmed the Court of Appeals: whether the limitations period had run raised a jury question under the discovery rule; Bostic had not preserved a jury instruction but had sought a directed verdict.
- The Court also addressed verdict enhancements and setoff issues in conjunction with a companion opinion, remanding with recalculated judgments: negligence $858,066.17 and breach of warranty $85,806.62 (exclusive of settlements received during the appeal).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the three-year statute of limitations barred HOA's claim against Bostic | Discovery rule delayed accrual so claim was timely | Limitations expired before suit; Bostic entitled to directed verdict | Affirmed Court of Appeals: fact issue for jury under discovery rule; directed verdict not warranted |
| Whether trial court properly increased three verdicts to $5,000,000 each | Enhanced awards were supported | Increase was improper | Court of Appeals reversal of $5M enhancements affirmed |
| Whether prior settlements should be set off against HOA's recovery | Opposed or sought different setoff treatment | Setoff should reduce judgment | Setoff correctly applied to breach of warranty award (affirmed) |
| Whether final judgment calculations were correct | Trial court calculations correct | Court of Appeals miscalculated some amounts | Reversed Court of Appeals' final-judgment calculation; remanded with specified judgment amounts against Bostic |
Key Cases Cited
- Stoneledge at Lake Keowee Owners' Ass'n, Inc. v. IMK Dev. Co., LLC, 425 S.C. 276 (Ct. App. 2018) (Court of Appeals decision reviewed in companion opinion)
- Stoneledge at Lake Keowee Owners' Ass'n, Inc. v. IMK Dev. Co., LLC, 425 S.C. 268 (Ct. App. 2018) (Court of Appeals decision under review on statute-of-limitations issue)
- Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598 (1999) (holding appellate courts need not address remaining issues when disposition of a prior issue is dispositive)