JOHNSON v. PODGER

No. 7814SC1117.

257 S.E.2d 684 (1979)

Barbara L. JOHNSON v. Kenneth A. PODGER.

Court of Appeals of North Carolina.

September 18, 1979.


Attorney(s) appearing for the Case

Grover C. McCain, Jr., and Murdock & Jarvis, by Jerry L. Jarvis, Durham, for plaintiff appellant.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, by James D. Blount, Jr., and Nigle B. Barrow, Jr., Raleigh, for defendant appellee.


VAUGHN, Judge.

The sole question on appeal is whether plaintiff's claim is barred by the statute of limitations. Defendant and the trial court below were of the opinion that G.S. 1-52(5) barred plaintiff's claim. Plaintiff felt G.S. 1-15(b) permitted her claim.

As adopted for purposes of this action, G.S. 1-52(5), provided that an action must be within three years "for any other injury to the person or rights of another, not arising on contract and not hereafter...

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