Smith v. Starnes

PHILLIPS, Judge.

Plaintiffs appeal is from an order dismissing her wrongful death action against defendant upon the ground that it is barred by the statute of limitations. The action aróse out of an automobile collision that occurred on 7 August 1980 in which plaintiffs intestate was immediately killed. Suit was duly commenced “by filing a complaint with the court,” Rule 3, N.C. Rules of Civil Procedure, on 6 August 1982. This was within the two-year period allowed by G.S. 1-53 for the bringing of wrongful death actions and tolled the statute of limitations only for a time, since the statute…