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REECE v. SMITH

No. COA07-368.

655 S.E.2d 911 (2008)

Elizabeth Ann REECE, Plaintiff, v. Glenn SMITH, Administrator of the Estate of Robert Neil Smith, Defendant.

Court of Appeals of North Carolina.

February 5, 2008.

Attorney(s) appearing for the Case

Kelly & Rowe, P.A. by James Gary Rowe, Asheville, for Plaintiff-Appellant.

Cogburn & Brazil, P.A. by Jennifer N. Foster, Asheville, for Defendant-Appellee.

STROUD, Judge.

The trial court granted defendant's motion to dismiss because plaintiff's amended complaint was not filed within the statute of limitations. Plaintiff appeals. The dispositive question before this Court is whether plaintiff's amended complaint should relate back to the date of her initial complaint. For the following reasons, we affirm.

I. Background

On or about 2 April 2003, plaintiff was driving a 1995 Ford motor vehicle east on...

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