Jimmy P. Davis, as of the Estate of Dallas D. Hardy, Jr., Deceased v. Piper Aircraft Corporation

I cannot agree with the majority’s election to save this state cause of action which is barred in state court. Contrary to the majority’s opinion, no technical federal pleading rule is at issue, nor is any federal court procedure at stake. Instead, we must decide which events under North Carolina law can toll its statute of limitations in wrongful death actions.

North Carolina courts have ruled that wrongful death actions brought by nonresident personal representatives are time-barred unless two events occur within two years of the alleged wrongful death: (i) qualification of the nonresident…