Legal Opinion

Winston v. LIVINGSTONE COLLEGE, INC.

Court of Appeals of North Carolina

Decided March 15, 2011No. COA10-1070PublishedCited by 3 opinions

1Opinion of the Court

STEELMAN, Judge.

Where the three-year statute of limitations for a tort action expired on a Sunday, plaintiff was permitted to file his action on Monday, the next day that the courthouse was open, pursuant to N.C. Gen. Stat. § 1-593 and Rule 6(a) of the North Carolina Rules of Civil Procedure.

I. Factual and Procedural Background

The complaint filed in this action alleged that David C. Winston (plaintiff) was employed by Livingstone College, Inc. as Director of Plant Operations. An inspection of the boilers revealed that they were in violation of the applicable laws and regulations. When he…

2Cases cited9 opinions

  1. Capps v. City of RaleighCourt of Appeals of North Carolina · 1978
  2. Pearson v. Nationwide Mutual InsuranceSupreme Court of North Carolina · 1989
  3. Seafare Corp. v. Trenor Corp.Court of Appeals of North Carolina · 1988
  4. Matter of UnderwoodCourt of Appeals of North Carolina · 1978
  5. Warren v. Rosso and Mastracco, Inc.Court of Appeals of North Carolina · 1985

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3Cited by3 opinions

  1. Hesed El v. BrysonDistrict Court, W.D. North Carolina · 2024
  2. N.C. Dep't of Revenue v. First Petroleum Servs., Inc.North Carolina Business Court · 2018
  3. Sealy v. U.S. Bank National AssociationDistrict Court, W.D. North Carolina · 2021

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