BAER v. DAVIS

No. 8012SC40.

267 S.E.2d 581 (1980)

Ervin BAER, Personal Representative of the Estate of Michael J. Paroby, Jr., Deceased, v. William R. DAVIS, Personal Representative of the Estate of Sharon Jean Saxon, Deceased, and Jerome Karl Person, Personal Representative of the Estate of Gary Lynn Schreckendgust, Deceased.

Court of Appeals of North Carolina.

July 15, 1980.


Attorney(s) appearing for the Case

Pollock, Fullenwider & Cunningham, by Bruce T. Cunningham, Jr., Southern Pines, for plaintiff-appellant.

Bryan, Jones & Johnson by Robert C. Bryan, Lillington, for defendant-appellee Person.


ARNOLD, Judge.

Plaintiff argued on appeal that it is the statute of limitations established by G.S. 28A-19-3(a) which is pertinent to this case, and not that of G.S. 28A-19-3(b)(2). G.S. 28A-19-3(a) applies to claims arising prior to a decedent's death while G.S. 28A-19-3(b)(2) applies to claims arising at or after his death.

However, plaintiff's argument is of no avail since the issue of the applicability of G...

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