Legal Opinion · Dissent

Raftery v. Wm. C. Vick Construction Co.

Supreme Court of North Carolina

Decided December 7, 1976No. 66Published

1DissentChief Justice Sharp

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…

2Cases cited10 opinions

  1. Shearin v. LloydSupreme Court of North Carolina · 1957
  2. Brown v. Lumbermens Mutual Casualty CompanySupreme Court of North Carolina · 1974
  3. Jewell v. PriceSupreme Court of North Carolina · 1965
  4. Lewis v. ShaverSupreme Court of North Carolina · 1952
  5. Causey v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1914

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