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HOLLEY v. HERCULES, INC.

No. 875SC1.

359 S.E.2d 47 (1987)

Elmer Wayne HOLLEY and wife, Carol Holley, v. HERCULES, INCORPORATED and American Petrofina, Incorporated, d/b/a Hercofina, and DeWitt McKoy.

Court of Appeals of North Carolina.

August 18, 1987.

Attorney(s) appearing for the Case

Shipman & Lea by H. Kenneth Stephens, II, Wilmington, for plaintiff-appellant Elmer Wayne Holley.

Marshall, Williams, Gorham & Brawley by Lonnie B. Williams and Charles D. Meier, Wilmington, for defendant-appellee Hercules, Inc.

PHILLIPS, Judge.

The only question presented by this appeal is whether the so-called claim or cause of action of Elmer Wayne Holley for punitive damages based upon the defendant's negligence in causing him to be personally injured is barred by the three-year statute of limitations, admittedly the applicable statute. G.S. § 1-46; G.S. § 1-52(16). It is not contended here that his action for compensatory damages...

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