BYRD v. HODGES

No. 7810SC487.

261 S.E.2d 269 (1980)

44 N.C. App. 509

Richard E. BYRD v. Robert B. HODGES.

Court of Appeals of North Carolina.

January 8, 1980.


Attorney(s) appearing for the Case

Boyce, Mitchell, Burns & Smith by G. Eugene Boyce and Lacy M. Presnell, III, Raleigh, for plaintiff-appellee.

Cheshire, Bruckel & Swann by Joseph B. Cheshire, V, Raleigh, for defendant-appellant.


WEBB, Judge.

G.S. 1A-1, Rule 8(d) provides that if a defendant does not deny an allegation in a complaint it is deemed admitted. The question posed by this appeal is whether a defendant who has been sued for punitive damages may assert his privilege against self-incrimination by refusing to plead without suffering the stricture of Rule 8(d). A defendant may plead his privilege against self-incrimination in a civil action where the plaintiff asks for punitive damages...

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