TEAGUE v. ASHEBORO MOTOR COMPANY

No. 7219SC330.

189 S.E.2d 671 (1972)

14 N.C. App. 736

Fannie Louise York TEAGUE v. ASHEBORO MOTOR COMPANY.

Court of Appeals of North Carolina.

June 28, 1972.


Attorney(s) appearing for the Case

Ottway Burton, Ashevoro, for plaintiff-appellant.

Coltrane & Gavin, by W. E. Gavin, Asheboro, for defendant-appellee, Rabb & York, Inc.


CAMPBELL, Judge.

The facts set forth above show that plaintiff in this case filed a complaint against a party not involved in the alleged tortious incident and not even in existence at the time of the incident. In essence, plaintiff sued the wrong "defendant". Five days after the complaint was filed, the plaintiff's action was barred by the statute of limitations. Sometime thereafter plaintiff discovered her error and attempted to correct it by filing an "Amended...

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