Walker v. Santos

WHICHARD, Judge.

Plaintiff commenced this action on 29 April 1983 by filing a complaint. The complaint alleged that defendant-physician administered radiotherapeutic treatment to plaintiffs decedent from *62414 January 1966 until 15 March 1966 and that the decedent died on 10 March 1981 “[a]s a result of the faulty and negligently directed and administered” treatment.

The trial court granted defendant-physician’s motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6), on the ground that the action was not brought within the time allotted by statute. Plaintiff appeals.

G.S. 145(c), with one exception…