Legal Opinion · Concurrence

Raftery v. Wm. C. Vick Construction Co.

Supreme Court of North Carolina

Decided December 7, 1976No. 66Published

1ConcurrenceJustice Branch

In her dissenting opinion, Chief Justice Sharp condemns the holding of the Court in Causey v. Railroad, 166 N.C. 5, 81 S.E. 917, to the effect that the statute of limitations does not begin to run against a personal representative until the death of his decedent notwithstanding the fact that the action for the personal injuries which caused decedent’s death was barred when he died. I agree. I am also in accord with that portion of Justice Moore’s dissent in which he concluded that “the exclusion of wrongful death actions from the operation of G.S. 1-15 (b) was intended only to preserve the…

2Cases cited8 opinions

  1. BW Acceptance Corporation v. SpencerSupreme Court of North Carolina · 1966
  2. Shearin v. LloydSupreme Court of North Carolina · 1957
  3. Matthieu v. Piedmont Natural Gas CompanySupreme Court of North Carolina · 1967
  4. Lewis v. ShaverSupreme Court of North Carolina · 1952
  5. City of Reidsville v. BurtonSupreme Court of North Carolina · 1967

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