Dickens v. Puryear

VAUGHN, Judge.

The only issue we need address is whether the entry of summary judgment in favor of defendants was correct because plaintiff’s claim is barred by the one year statute of limitations for actions based on assault and battery contained in G.S. 1-54(3). We hold the claim is so barred.

Plaintiff argues summary judgment was improper on procedural grounds because the statute of limitations had never been pled in answer as required by the Rules of Civil Procedure. G.S. 1A-1, Rule 8(c). In this case, defendants were granted an extension of time in which to answer because of a decision…