Burgess v. Your House of Raleigh, Inc.

MEYER, Justice.

We note from the outset that the issues raised in this case would, if the action had been commenced after the effective date of recent amendments to the North Carolina Communicable Disease Act, N.C.G.S. § 130A-148(h)-(j) (1989), be decided under that act. These provisions, which establish protections for those persons who test positive for the HIV virus, became effective 1 October 1989, subsequent to the filing of plaintiffs complaint and to entry of the order of the trial court granting defendant’s motion for dismissal. Thus, for purposes of this appeal, plaintiff’s rights…