Carlton v. Melvin

STEPHENS, Judge.

I. Procedural Background

This case concerns the death of Adam W. Carlton on 6 June 2003. Adam was the second of twins bom to Tina A. Carlton on 2 June 2003. Pursuant to N.C. Gen. Stat. § 1-53(4), the statute of limitations for a wrongful death action expires two years after the date of death. 1 Thus, the statute of limitations in this matter would have expired on 6 June 2005. On 1 June 2005, Plaintiffs filed a motion pursuant to Rule 9(j) of the North Carolina Rules of Civil Procedure to extend the statute of limitations to allow compliance with the special pleading…