DICKENS v. PURYEAR

No. 7910SC721.

263 S.E.2d 856 (1980)

James Robert DICKENS v. Earl V. PURYEAR and Ann Brewer Puryear.

Court of Appeals of North Carolina.

March 18, 1980.


Attorney(s) appearing for the Case

Ransdell, Ransdell & Cline by Phillip C. Ransdell and James E. Cline, Raleigh, for plaintiff-appellant.

Ragsdale & Liggett by Peter M. Foley and George R. Ragsdale, Raleigh, for defendant-appellee Earl V. Puryear.

Manning, Fulton & Skinner by Howard E. Manning and Michael T. Medford, Raleigh, for defendant-appellee Ann Brewer Puryear.


VAUGHN, Judge.

The only issue we need address is whether the entry of summary judgment in favor of defendants was correct because plaintiff's claim is barred by the one year statute of limitations for actions based on assault and battery contained in G.S. 1-54(3). We hold the claim is so barred.

Plaintiff argues summary judgment was improper on procedural grounds because the statute of limitations had never been pled in answer as required by the Rules of Civil...

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