Legal Opinion

Williams v. Advance Auto Parts, Inc.

Court of Appeals of North Carolina

Decided January 17, 2017No. COA16-625PublishedCited by 6 opinions

1Opinion of the Court

HUNTER, JR., Robert N., Judge.

*713 Harry Williams ("Plaintiff") appeals two orders from the Cumberland County Superior Court granting summary judgment to both Advance Stores Company, Inc. ("Stores") and Advance Auto Parts, Inc. ("Parts"). Plaintiff contends his failure to name the correct plaintiff in his complaint was a mere misnomer which the trial court should have granted him permission to amend and relate back to the original complaint. We disagree.

I. Facts and Background

On 30 October 2012, Plaintiff tripped and fell, injuring himself inside an Advance Auto Parts retail store in…

2Cases cited23 opinions

  1. In Re the Will of JonesSupreme Court of North Carolina · 2008
  2. Stanback v. StanbackSupreme Court of North Carolina · 1979
  3. Dobson v. HarrisSupreme Court of North Carolina · 2000
  4. Caldwell v. DeeseSupreme Court of North Carolina · 1975
  5. Harris v. MareadySupreme Court of North Carolina · 1984

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3Cited by6 opinions

  1. Hamby v. Thurman Timber Co.Court of Appeals of North Carolina · 2018
  2. Asheville Lakeview Props., LLC v. Lake View Park Comm'n, Inc.Court of Appeals of North Carolina · 2017
  3. Asheville Lakeview Props., LLC v. Lake View Park Comm'n, Inc.Court of Appeals of North Carolina · 2017
  4. Insight Health Corp. v. Marquis Diagnostic Imaging of N.C., LLCNorth Carolina Business Court · 2017
  5. McAuley v. NC A&T State Univ.Court of Appeals of North Carolina · 2021

1 more not listed; retrieve them via the Exa API.

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