Flippin v. Jarrell
| Citation | 44 N.C.App. 518,261 S.E.2d 257 |
| Decision Date | 08 January 1980 |
| Docket Number | No. 7921SC336,7921SC336 |
| Court | Court of Appeal of North Carolina (US) |
| Parties | Brian FLIPPIN, by his Guardian ad Litem, Melvin F. Wright, Jr., and Sandra Flippin v. Dr. William Eric JARRELL. |
White & Crumpler by Fred G. Crumpler, Harrell Powell, Jr., G. Edgar Parker and V. Edward Jennings, Jr., Winston-Salem, for plaintiff appellees.
Womble, Carlyle, Sandridge & Rice by H. Grady Barnhill, Jr., and William C. Raper, Winston-Salem, for defendant appellant.
The suit by Sandra Flippin for medical expenses and for the loss of services of her son, Brian, is barred by N.C.Gen.Stat. § 1-15(c), both under the one-year rule and the four-year rule set forth therein. Stanley v. Brown, 43 N.C.App. 503, 259 S.E.2d 408 (1979); Johnson v. Podger, 43 N.C.App. 20 (1979). The Johnson And Stanley cases outline in sufficient detail the legislative history of this provision and it is not necessary that we repeat it here.
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Flippin v. Jarrell
...trial court for further proceedings consistent with this opinion. REVERSED AND REMANDED. 1 Allowed 1 April 1980.2 Reported at 44 N.C.App. 518, 261 S.E.2d 257 (1980).3 Order entered in Forsyth Superior Court on 5 January 1979.4 Quoted infra.5 This case involves only the parental claims and n......
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Flippin v. Jarrell
...Sandridge & Rice, for defendant. Sandra Flippin's notice of appeal and petition for discretionary review under G.S. § 7A-31, 44 N.C.App. 518, 261 S.E.2d 257. Motion of the defendant to dismiss the appeal for lack of substantial constitutional question. Petition allowed; motion ...