PRIDDY v. COOK'S UNITED DEPARTMENT STORE

No. 7321SC5.

194 S.E.2d 58 (1973)

17 N.C. App. 322

Randy Leon PRIDDY v. COOK'S UNITED DEPARTMENT STORE et al.

Court of Appeals of North Carolina.

January 31, 1973.


Attorney(s) appearing for the Case

Wilson & Morrow, by John F. Morrow, Winston-Salem, for plaintiff appellant.

Womble, Carlyle, Sandridge & Rice, by Allan R. Gitter, Winston-Salem, for defendant appellees.


GRAHAM, Judge.

The complaint and plaintiff's affidavit affirmatively show that the claims for assault and false imprisonment arose more than one year before the suit was instituted. These claims are therefore barred by the one-year statute of limitation applicable to both claims. G.S. § 1-54(3).

The only question presented on appeal is whether the trial judge correctly concluded that no genuine issue of fact exists as to plaintiff's claim for malicious...

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