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SMITH v. STARNES

No. 8422SC367.

328 S.E.2d 20 (1985)

Reba C. SMITH, Individually, and as Administratrix of the Estate of Archie Wayne Smith v. Johnnie Wade STARNES.

Court of Appeals of North Carolina.

April 16, 1985.

Attorney(s) appearing for the Case

Wilson, Biesecker, Tripp & Sink by Joe E. Biesecker, Lexington, for plaintiff-appellant.

Brinkley, Walser, McGirt, Miller & Smith by Charles H. McGirt and Stephen W. Coles, Lexington, for defendant-appellee.

PHILLIPS, Judge.

Plaintiff's appeal is from an order dismissing her wrongful death action against defendant upon the ground that it is barred by the statute of limitations. The action arose out of an automobile collision that occurred on 7 August 1980 in which plaintiff's intestate was immediately killed. Suit was duly commenced "by filing a complaint with the court," Rule 3, N.C. Rules of Civil Procedure, on 6 August 1982. This was within the two-year period allowed...

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