Opinion

Fowler v. Valencourt

  • 334 N.C. 345
  • 435 S.E.2d 530
  • 1993 N.C. LEXIS 662
Court
Supreme Court of North Carolina
Filed
Jul 30, 1993
Status
Published
Author
Mitchell
On the bench
Parker, Meyer, Mitchell
Cited by
82 cases
Authority
More cited than 5.9%

construing the statutory predecessor of N.C. Gen. Stat. §§ 1-54(1), 1-52(13)

How later courts described this case

  • construing the statutory predecessor of N.C. Gen. Stat. §§ 1-54(1), 1-52(13)
  • same as to assault and battery
  • trespass by a public officer
  • incorporating Brown’s definition of trespass

Written by the judges who cited it.

The opinion

Justice Mitchell

dissenting.

Giving the words used by the General Assembly in N.C.G.S. § 1-54(3), their plain, ordinary and universally accepted meanings, the one-year limitation period provided by that statute narrowly and specifically applies to actions for assault and false imprisonment, including those in which the defendant is a police officer. We have expressly so construed the statute for thirty-five years. Mobley v. Broome, 248 N.C. 54 , 102 S.E.2d 407 (1958). Accord Evans v. Chipps, 56 N.C. App. 232 , 287 S.E.2d 426 (1982); Jones v. City of Greensboro, 51 N.C. App. 571 , 277 S.E.2d 562 (1981). The parties in this case were entitled to rely upon the statute as authoritatively construed by this Court. Believing as I do in the doctrine of stare decisis, I must respectfully dissent from the decision and holding of the majority that the one-year statute of limitation, N.C.G.S. § 1-54(3), is not available to the defendants in this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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