Alford v. Catalytica Pharmaceuticals, Inc.

Because our courts have not consistently held that an action forming the basis of a Woodson claim is an intentional tort “in the true sense of that term,” I respectfully dissent.

The one-year statute of limitations as prescribed in N.C. Gen. Stat. § 1-54(3) (1999) is inapplicable even if a Woodson claim is 99.9% an intentional tort. The standard is not flexible under any circumstances — it must be an intentional tort in every sense of the word, absolutely, or there is no room in that section for Woodson.

Statutes of limitation are inflexible and unyielding and the trial court has no discretion…