Lane v. Aetna Casualty & Surety Co.

MARTIN (Harry C.), Judge.

Plaintiff contends that the trial court erred in determining that the cause of action is barred by the statute of limitations. His assertion would be correct if the action reposed in the plaintiff rather than his mother. The statute of limitations begins to run against an infant, who has no guardian at the time the cause of action accrues, upon appointment of a guardian or the removal of the age disability as provided by N.C.G.S. 1-17, whichever occurs first. Trust Co. v. Willis, 257 N.C. 59, 125 S.E. 2d 359 (1962). As Maxine Sims Swain was appointed guardian ad litem…