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ESTATE OF TALLMAN v. CITY OF GASTONIA

No. COA08-1021.

682 S.E.2d 428 (2009)

ESTATE OF Brian Gilbert TALLMAN, by the Executrix of his Estate, Kelle Renzulli TALLMAN, Plaintiff, v. The CITY OF GASTONIA, N.C., Defendant.

Court of Appeals of North Carolina.

September 15, 2009.

Attorney(s) appearing for the Case

Don H. Bumgardner, Attorney at Law, by Thomas D. Bumgardner, for plaintiff-appellant.

Stott, Hollowell, Palmer & Windham, L.L.P., by Martha Raymond Thompson and Aaron C. Low, Gastonia, for defendant-appellee.

GEER, Judge.

Plaintiff Kelle Renzulli Tallman, acting in her capacity as administratrix of the estate of Brian Gilbert Tallman, appeals the trial court's dismissal of this wrongful death action as barred by the statute of limitations. An order extending the time to file the complaint in this action was obtained pursuant to Rule 3 of the Rules of Civil Procedure prior to the running of the statute of limitations, and the complaint was timely filed in accordance with...

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