Legal Opinion
New Bern Riverfront Development, LLC v. Weaver Cooke Construction, LLC (In re New Bern Riverfront Development, LLC)
United States Bankruptcy Court, E.D. North Carolina
Decided August 25, 2014No. CASE NO. 09-10340-8-SWH; ADVERSARY PROCEEDING NO. 10-00023-APPublished
1Opinion of the Court
ORDER GRANTING SUMMARY JUDGMENT REGARDING STATUTE OF LIMITATIONS DEFENSE ASSERTED BY CURENTON CONCRETE WORKS, INC.
Stephani W. Humrickhouse, United States Bankruptcy Judge
This matter came on to be heard upon the motion for summary judgment filed by Curenton Concrete Works, Inc. (“Curen-ton”) regarding the third party complaint of Weaver Cooke Construction, LLC (‘Weaver Cooke”), in Raleigh, North Carolina, on March 5, 2014. Although summary judgment is sought on several bases, this order will deal with the issue of whether the statute of limitations bars the negligence and breach of express…
2Cases cited5 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Pembee Mfg. Corp. v. Cape Fear Const. Co., Inc.Supreme Court of North Carolina · 1985
- Executive Benefits Insurance Agency v. ArkisonSupreme Court of the United States · 2014
- Williams v. HOUSES OF DISTINCTION, INC.Court of Appeals of North Carolina · 2011