Legal Opinion

Price v. JC PENNEY COMPANY, INC.

Court of Appeals of North Carolina

Decided June 18, 1975No. 758SC54PublishedCited by 11 opinions

1Opinion of the Court

PARKER, Judge.

To escape the bar of the statute of limitations, an action for libel or slander must be commenced within one year from the time the action accrues, G.S. 1-54(3), and the action accrues at the date of the publication of the defamatory words, regardless of the fact that plaintiff may discover the identity of the author only at a later date. Gordon v. Fredle, 206 N.C. 734, 175 S.E. 126 (1934).

Plaintiff’s original complaint filed 15 August 1973 does not allege any slanderous statement made within one year before it was filed. Her proposed amended complaint filed 8 July 1974 does not…

2Cases cited1 opinion

  1. Gordon v. . FredleSupreme Court of North Carolina · 1934

3Cited by11 opinions

  1. Jennifer Oldham v. Penn State UniversityCourt of Appeals for the Third Circuit · 2025
  2. Gibson v. Mutual Life Insurance Co. of New YorkCourt of Appeals of North Carolina · 1996
  3. MacK Trucks, Inc. v. WebberCourt of Special Appeals of Maryland · 1975
  4. Merritt, Flebotte, Wilson, Webb & Caruso, PLLC v. HemmingsCourt of Appeals of North Carolina · 2009
  5. Raven v. MarshNew Mexico Court of Appeals · 1980

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