LANE v. AETNA CAS. & SUR. CO.

No. 7928DC1146.

269 S.E.2d 711 (1980)

Thomas Edward LANE, a minor, by his Guardian ad Litem Maxine Sims Swain v. The AETNA CASUALTY & SURETY COMPANY.

Court of Appeals of North Carolina.

September 16, 1980.


Attorney(s) appearing for the Case

Swain & Stevenson by Joel B. Stevenson, Asheville, for plaintiff-appellant.

Roberts, Cogburn & Williams by Landon Roberts and James W. Williams, Asheville, for defendant-appellee.


HARRY C. MARTIN, Judge.

Plaintiff contends that the trial court erred in determining that the cause of action is barred by the statute of limitations. His assertion would be correct if the action reposed in the plaintiff rather than his mother. The statute of limitations begins to run against an infant, who has no guardian at the time the cause of action accrues, upon appointment of a guardian or the removal of the age disability as provided by N.C.G.S. 1-17, whichever...

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