Johnson v. Podger
Court of Appeals of North Carolina
APPEAL by plaintiff from Wood, Judge. Judgment entered 22 August 1978 in Superior Court, DURHAM County. Heard in the Court of Appeals 30 August 1979. The trial judge entered summary judgment for defendant on the grounds that plaintiff’s action is barred by the three-year statute of limitations found in G.S. 1-52(5). Plaintiff’s medical malpractice action is for damages due to the causation, negligent treatment and misdiagnosis of an infection.
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APPEAL by plaintiff from Wood, Judge. Judgment entered 22 August 1978 in Superior Court, DURHAM County. Heard in the Court of Appeals 30 August 1979. The trial judge entered summary judgment for defendant on the grounds that plaintiff’s action is barred by the three-year statute of limitations found in G.S. 1-52(5). Plaintiff’s medical malpractice action is for damages due to the causation, negligent treatment and misdiagnosis of an infection. The pleadings, affidavits and depositions considered in a light most favorable to plaintiff reveal the following. On 30 March 1970, plaintiff was…
1Opinion of the Court
VAUGHN, Judge.
The sole question on appeal is whether plaintiff’s claim is barred by the statute of limitations. Defendant and the trial court below were of the opinion that G.S. 1-52(5) barred plaintiff’s claim. Plaintiff felt G.S. l-15(b) permitted her claim.
As adopted for purposes of this action, G.S. 1-52(5) provided that an action must be within three years “for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated.” This statute has been applied to medical malpractice actions. See, e.g., Shearin v. Lloyd, 246 N.C. 363, 98 S.E. 2d 508…
2Cases cited12 opinions
- Robinson v. WeaverTexas Supreme Court · 1977
- Wilkinson v. HarringtonSupreme Court of Rhode Island · 1968
- North Carolina State Ports Authority v. Lloyd A. Fry Roofing Co.Supreme Court of North Carolina · 1978
- Billings v. Sisters of Mercy of IdahoIdaho Supreme Court · 1964
- Shearin v. LloydSupreme Court of North Carolina · 1957
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3Cited by12 opinions
- Black v. LittlejohnSupreme Court of North Carolina · 1985
- Horton v. Carolina Medicorp, Inc.Supreme Court of North Carolina · 1996
- Harrison v. SeltzerWest Virginia Supreme Court · 1980
- Blue Cross & Blue Shield of North Carolina v. Odell Associates, Inc.Court of Appeals of North Carolina · 1983
- Misenheimer v. BurrisSupreme Court of North Carolina · 2006
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