Sharpe v. Pugh

We consider first whether the court erred in striking Paragraph XVII, quoted in the statement of facts, and the por tion of the prayer relating to recovery of damages for pain and suffering.

Simultaneously with the issuance of summons, plaintiff applied for and obtained an extension of time for filing his complaint, as authorized by G.S. 1-121. His application stated that “the nature and purpose” of his action was “(t)o recover damages from the defendant for the wrongful death of the plaintiff’s intestate, which wrongful death was caused by the negligence of the defendant in the care and…