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WINSTON v. LIVINGSTONE COLLEGE, INC.

No. COA10-1070.

707 S.E.2d 768 (2011)

David C. WINSTON, Plaintiff, v. LIVINGSTONE COLLEGE, INC. and Livingstone College and Hood Theological Seminary, Inc., Defendants.

Court of Appeals of North Carolina.

March 15, 2011.

Attorney(s) appearing for the Case

The Law Office of Mark N. Kerkhoff, PLLC, Charlotte, by Mark N. Kerkhoff , for plaintiff-appellant.

Erwin and Eleazar, P.A., Charlotte, by L. Holmes Eleazar, Jr. and Ronald L. Gibson , for defendant-appellees.

STEELMAN, Judge.

Where the three-year statute of limitations for a tort action expired on a Sunday, plaintiff was permitted to file his action on Monday, the next day that the courthouse was open, pursuant to N.C. Gen.Stat. § 1-593 and Rule 6(a) of the North Carolina Rules of Civil Procedure.

I. Factual and Procedural Background

The complaint filed in this action alleged that David C. Winston (plaintiff) was employed by Livingstone College...

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