Legal Opinion

Christenbury Eye Ctr., P.A. v. Medflow, Inc.

Supreme Court of North Carolina

Decided August 18, 2017No. 141PA16PublishedCited by 131 opinions

1Opinion of the Court

NEWBY, Justice.

**2 North Carolina law has long recognized the principle that a party must timely bring an action upon discovery of an injury to avoid dismissal of the claim. Statutes of limitations require the pursuit of claims to occur within a certain period after discovery, thereby striking the balance between one's right to assert a claim and another's right to be free from a stale claim. Here plaintiff's action arises from an unfulfilled business agreement. Plaintiff's complaint reveals, however, that plaintiff had notice of the breach of the agreement and its resulting injuries fourteen…

2Cases cited27 opinions

  1. Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
  2. Turner v. Duke UniversitySupreme Court of North Carolina · 1989
  3. Pembee Mfg. Corp. v. Cape Fear Const. Co., Inc.Supreme Court of North Carolina · 1985
  4. Wood v. Guilford CountySupreme Court of North Carolina · 2002
  5. Ward v. CaulkCourt of Appeals for the Ninth Circuit · 1981

22 more not listed; retrieve them via the Exa API.

3Cited by131 opinions

  1. Corwin as Trustee for Beatrice Corwin Living Irrevocable Trust v. British American Tobacco PLCSupreme Court of North Carolina · 2018
  2. Sykes v. Health Network Solutions, Inc.Supreme Court of North Carolina · 2019
  3. Skyline Restoration, Inc. v. Church Mutual InsuranceCourt of Appeals for the Fourth Circuit · 2021
  4. King by and Through Small v. Albemarle Hospital AuthoritySupreme Court of North Carolina · 2018
  5. Bite Busters, LLC v. BurrisNorth Carolina Business Court · 2021

126 more not listed; retrieve them via the Exa API.

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