Raftery v. Wm. C. Vick Construction Co.

I concur in the dissenting opinion of Justice Moore and add the following additional observations.

The rationale of the majority opinion is: (1) that G.S. 1-15 (b), by its terms, has no application to any action for wrongful death or to an action for personal injuries when the injury is instantaneous and immediately apparent; and (2) that since plaintiff’s intestate sustained no injury until the time of his death, no statute of limitation bears upon plaintiff’s action except G.S. 1-53(4), which prescribed a two-year period for the bringing of an action for wrongful death.

For the reasons…