Nowell v. Hamilton

Plaintiff asserts her right to maintain this action on two distinct theories:

First. She says this action is not one for a negligent injury barred at the expiration of .three years from the date of the injury, G.S. 1-52 (5), but is an .action based on fraud, governed by G.S. 1-52 (9) which fixes the date on which the statute starts to run not as the day of the injury but the day when the fraud was discovered.

We think plaintiff’s pleadings point to G.S. 1-52(5) as the applicable statute. Shearin v. Lloyd, 246 N.C. 363, 98 S.E. 2d 508; Lewis v. Shaver, 236 N.C. 510, 73 S.E. 2d 320.

Nonetheless,…