Jones v. Summers

EAGLES, Judge.

Defendant’s sole assignment of error is that the trial court erred in denying defendant’s Motion For Summary Judgment on 13 January 1993. We disagree.

Plaintiff has filed this lawsuit three times since the occurrence of the automobile accident on 1 September 1988. An action for personal injury must be commenced within three years of the date of the injury or it is barred by the statute of limitations. G.S. 1-52(16). Here, plaintiff filed his first suit (Jones I) on 23 June 1989, well within the three year period allowed by the statute of limitations. On 14 January 1991, plaintiff…