Bradley Freight Lines, Inc. v. Pope, Flynn & Co.

CARLTON, Judge.

Defendant first assigns as error the failure of the trial court to grant defendant’s motions for directed verdict made at the close of the plaintiff’s evidence and at the close of all the evidence.

Procedurally, defendant contends that the statute of limitations bars plaintiff’s claim, as the voluntary dismissal taken by the plaintiff in the earlier action did not specifically refer to G.S. 1A-1, Rule 41(a) and thus the present claim is not “saved” by that statute. Defendant’s position is that the voluntary dismissal without prejudice must refer to Rule 41(a) in order to gain…