Baer v. Davis

ARNOLD, Judge.

Plaintiff argues on appeal that it is the statute of limitations established by G.S. 28A-19-3 (a) which is pertinent to this case, and not that of G.S. 28A-19-3 (b)(2). G.S. 28A-19-3 (a) applies to claims arising prior to a decedent’s death while G.S. 28A-19-3 (b)(2) applies to claims arising at or after his death.

However, plaintiffs argument is of no avail since the issue of the applicability of G.S. 28A-19-3 (a) was not raised before the trial court. See Wallace Men’s Wear, Inc. v. Harris, 28 N.C. App. 153, 220 S.E. 2d 390 (1975), cert. denied 289 N.C. 298, 222 S.E. 2d 703…