RAGAN v. HILL

No. 296PA93.

447 S.E.2d 371 (1994)

337 N.C. 667

Edith B. RAGAN and Calvin P. Ragan v. James T. HILL, Administrator of the Estate of Jerry Wayne Thomas and John K. Williford.

Supreme Court of North Carolina.

September 9, 1994.


Attorney(s) appearing for the Case

Haywood, Denny, Miller, Johnson, Sessoms & Patrick by George W. Miller, Jr., and Robert E. Levin, Chapel Hill, for plaintiff-appellants.

Bryant, Patterson, Covington & Idol, P.A. by Lee A. Patterson, II, Durham, for defendant-appellee Hill.

Thompson, Barefoot & Smyth by Sanford W. Thompson, IV, Raleigh, for unnamed defendant-appellee N.C. Farm Bureau Mut. Ins. Co.


FRYE, Justice.

In this appeal, plaintiffs contend that the Court of Appeals erred in holding that their personal injury action was barred because a claim was not presented to the personal representative of decedent's estate within six months of decedent's death. Plaintiffs further contend that defendant and plaintiffs' underinsured motorist carrier are estopped from asserting this time bar as a defense because they did not raise the defense until twenty-two months...

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