Supreme Court of North Carolina

Morris v. Rodeberg

December 15, 2023

Summary

The Court held that a minor's medical malpractice claims accruing after age ten are governed by the three-year limitations period in N.C.G.S. § 1-15(c) unless one of the specific exceptions in N.C.G.S. § 1-17(c) applies. Because plaintiff filed more than five years after the alleged malpractice and no exception applied, the claims were time-barred. The Court declined to reach plaintiff's equal protection challenge because the Court of Appeals dissent did not sufficiently explain its disagreement on that issue.