Burcl v. North Carolina Baptist Hospital, Inc.

EXUM, Justice.

This is a wrongful death action in which plaintiff sued in her capacity as foreign administrator of decedent’s estate within the two-year period of limitations. After this period had run she qualified locally as ancillary administrator and sought to plead in the trial court to show this fact and have this pleading relate back to the commencement of the action. The question is whether such a pleading may be permitted to defeat defendants’ motions to dismiss grounded on the running of the statute of limitations. We recognize that our older cases answered this question negatively;…