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TRAVIS v. McLAUGHLIN

No. 7528SC995.

224 S.E.2d 243 (1976)

29 N.C. App. 389

Penelope F. TRAVIS, Administratrix of the Estate of David Michael Travis v. James George McLAUGHLIN and Ryder Truck Rental, Inc.

Court of Appeals of North Carolina.

Certiorari Denied July 14, 1976.

Attorney(s) appearing for the Case

Morris, Golding, Blue & Phillips by William C. Morris, Jr., Asheville, for plaintiff.

Van Winkle, Buck, Wall, Starnes, Hyde & Davis, P.A. by O. E. Starnes, Jr., Asheville, for defendant.

Certiorari Denied by Supreme Court July 14, 1976.

CLARK, Judge.

Plaintiff's first argument is that the statute of limitations is an affirmative defense which must be pleaded in an answer and which may not ordinarily be raised by a Rule 12 motion. Plaintiff cites Iredell County v. Crawford, 262 N.C. 720, 138 S.E.2d 539 (1964), and several other cases as support for her position. We note...

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