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BOCKWEG v. ANDERSON

No. 8921SC247.

387 S.E.2d 59 (1990)

96 N.C. App. 660

Cynthia BOCKWEG and husband, Gregory Bockweg, Plaintiffs, v. Stephen G. ANDERSON, Bonney H. Clark, Executrix of the Estate of R. Perry B. Clark, A. Stanley Link, Jr. Richard M. Holland and Lindhurst Gynecologic Associates, P.A., Defendants.

Court of Appeals of North Carolina.

January 4, 1990.

Attorney(s) appearing for the Case

Law Offices of Grover C. McCain, Jr. by Grover C. McCain, Jr. and William R. Hamilton, Chapel Hill, for plaintiffs-appellants.

Tuggle, Duggins, Meschan & Elrod, P.A. by Joseph E. Elrod III, J. Reed Johnston, Jr. and Rachel B. Hall, Greensboro, for defendant-appellee Link.

Petree, Stockton & Robinson by J. Robert Elster, Stephen R. Berlin and Patrick G. Vale, Winston-Salem, for defendants-appellees Anderson, Clark, Holland and Lyndhurst Gynecologic Associates, P.A.

LEWIS, Judge.

Plaintiffs contend that the statute of limitations (G.S. 1-15(c)) was tolled by the one-year savings provision of G.S. 1A-1, Rule 41. The relevant language of Rule 41(a)(1) provides:

If an action commenced within the time prescribed ... is dismissed without prejudice under this subsection, a new action based on the same claim may be commenced within one year after such dismissal unless [the judge shall specify in his order a shorter time.]<...

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