WHEELER v. ROBERTS

No. 7928SC697.

262 S.E.2d 829 (1980)

Carrie H. WHEELER, Administrator of the Estate of Willard W. Wheeler, Deceased v. Thomas M. ROBERTS and B. H. Roberts.

Court of Appeals of North Carolina.

February 19, 1980.


Attorney(s) appearing for the Case

VanWinkle, Buck, Wall, Starnes and Davis by Philip J. Smith, Asheville, for plaintiff-appellant.

Dumont, McLean, Leake, Harrell, Talman & Stevenson by Larry Leake, Asheville, for defendants-appellees.


PARKER, Judge.

An action for damages on account of the death of a person caused by the wrongful act or neglect or another must be brought within two years of the death. G.S. 1-53(4). Plaintiff's intestate died 31 October 1973. The present action was commenced on 11 August 1978, almost five years after the date of death. The action was barred by the statute, and summary judgment dismissing the action was properly entered.

We do not agree with plaintiff's contention...

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