N.C. Gen. Stat. § 1-52

Section 1-52(16) gives negligence-based personal-injury claims a three-year limitations period, so the plaintiffs' refiling came after the period had expired.

Camara v. Gbarbera · filed 2008-07-15(16)

The statute of limitations for a personal injury allegedly due to negligence is three years. N.C. Gen. Stat. § 1-52(16) (2007).

N.C. Gen. Stat. § 1-52(16) sets a three-year limitations period for actions seeking recovery for personal injuries suffered in a motor-vehicle accident.

Norton v. GOODS · filed 2009-04-07(16)

The statute of limitations for an action for recovery for personal injuries suffered in a motor vehicle accident is three years.

Section 1-52(c) requires a negligence claim to be filed within three years of the alleged acts or omissions causing property loss or personal injury.

Eley v. N.C. Dept. of Health and Human Serv. · filed 2010-06-29(c)

North Carolina General Statute § 1-52 (c) provides that any claim based in negligence shall be filed within three years of the alleged acts or omissions that resulted in a loss of property or personal injury.

Under N.C. Gen. Stat. § 1-52(16), a property-damage claim accrues when the physical damage becomes apparent or reasonably should have become apparent.

Feierstein v. N.C. Dept. of Environment · filed 2008-08-11(16)

A cause of action for property damage under N.C. Gen. Stat. § 143-299 does not accrue until physical damage to plaintiffs' property becomes apparent or ought to have reasonably became apparent to plaintiffs, whichever occurs first. N.C. Gen. Stat. § 1-52 (16).

For property-damage claims, § 1-52(16) starts the limitations period when the physical damage becomes apparent or reasonably should have become apparent.

Feierstein v. N.C. Dept. of Envt. Nat. Res. · filed 2010-04-21(16)

A cause of action for property damage under N.C. Gen. Stat. § 143-299 does not accrue until physical damage to plaintiffs' property becomes apparent or ought to have reasonably became apparent to plaintiffs, whichever occurs first. N.C. Gen. Stat. § 1-52 (16).

Subsection (5) requires an action for personal injury from a vehicle accident to be commenced within three years after the accident.

Dean v. Bruno · filed 2009-05-05(5)

An action for damages for personal injury arising out of an accident between two vehicles must be commenced within three years of the date on which the accident occurred.

A claim for injury to real property is subject to a three-year statute of limitations and is barred when the pleadings establish that the injury occurred more than three years before the claim was filed.

EAST CAMP, LLC v. Spruill · filed 2009-06-02(4)

N.C. Gen. Stat. § 1-52 (2007) states the statute of limitations for injury to real property is three years. ... Because Defendants did not institute their claim for injury to real property until 2008, Defendants' counterclaim for injury to real property is barred by the three-year statute of limitations. N.C. Gen. Stat. § 1-52 (2007).

Section 1-52(1) gives contract causes of action, including an account stated claim, a three-year limitations period that begins when the claim accrues.

CHANNEL GROUP, LLC v. Cooper · filed 2010-02-16(1)

The North Carolina General Assembly has placed a three-year statute of limitations upon causes of action arising out of contract. N.C. Gen. Stat. § 1-52(1) (2009).

Section 1-52 applies a three-year limitations period to express-trust claims and a ten-year period to resulting or constructive-trust claims, with the express-trust period starting when the trust is repudiated or disavowed.

Laster v. Francis · filed 2009-09-01

claims involving express trusts are governed by a three-year statute of limitations, and resulting and constructive trusts are governed by a ten-year statute of limitations.

Section 1-52(9) gives fraud claims a three-year limitations period that begins when the plaintiff becomes aware or reasonably should have become aware of the fraud or harm.

Self v. Yelton · filed 2010-01-05(9)

Fraud and obstruction of justice must be brought within three years from the time the cause of action accrues, and an action accrues when a plaintiff becomes aware or reasonably should have become aware of the fraud or harm.

The three-year limitations periods for contract-based fiduciary-duty claims and conversion claims run from the applicable accrual event, with a continuing violation delaying accrual until the unlawful conduct ends.

Marzec v. Nye · filed 2010-03-16(1) (4)

Under the continuing wrong doctrine, the statute of limitations does not start running “ ‘until the violative act ceases.’ ”

N.C. Gen. Stat. § 1-52(1) provides a three-year limitations period for breach-of-fiduciary-duty claims that do not rise to constructive fraud.

Capps v. Blondeau · filed 2010-04-13(1)

Allegations of breach of fiduciary duty that do not rise to the level of constructive fraud are governed by the three-year statute of limitations applicable to contract actions contained in N.C. Gen. Stat. § 1-52(1) (2003).

Section 1-52(16)’s apparent-damage rule applies when an insurance-coverage defect becomes or should become apparent.

Scott & Jones, Inc. v. Carlton Insurance Agency, Inc. · filed 2009-04-07(16)

Though plaintiff argues that the professional malpractice statute of limitations is applicable in the present case, plaintiff has not directed us to, nor have we found, any North Carolina case in which the professional malpractice statute of limitations has been applied to insurance agents.

Section 1-52(5) gives negligent-misrepresentation claims three years, while § 1-52(9) delays fraud accrual until discovery.

Guyton v. FM Lending Services, Inc. · filed 2009-08-18(5), (9)

The statute of limitations applicable to negligent misrepresentation claims is three years.

The three-year period was satisfied when plaintiffs sued within three years after learning of the subdivision-plan approval.

Coventry Woods Neighborhood Ass'n v. City of Charlotte · filed 2010-02-02

As a result, we are unable to conclude that the trial court correctly granted summary judgment in favor of Defendants on the grounds that Plaintiffs’ claims were barred by the applicable statute of limitations and proceed to consider Plaintiffs’ procedural due process claims on the merits.

The three-year personal-injury limitations period in § 1-52 applies to § 1983 actions.

Amward Homes, Inc. v. Town of Cary · filed 2010-08-03

three-year statute of limitations applies to state constitutional claims involving personal injury.

Section 1-52(9) ordinarily provides a three-year limitations period for fraud, but § 1-47(2) controls counterclaims arising from the same sealed transaction even when that period is shorter.

McGuire v. Dixon · filed 2010-10-05(9)

The trial court erred in applying the three-year limitations period for fraud in section 1-52(9)

N.C. Gen. Stat. § 1-52(16) requires a personal-injury or property-damage action to be filed within three years of the act or omission giving rise to the claim.

Beaver v. Fountain · filed 2010-11-16(16)

N.C. Gen. Stat. § 1-52(16) (2009) provides that an action for personal injury or property damage must be filed within three years of the act or omission which gave rise to the claim.

Section 1-52(16) gives a plaintiff three years from accrual to commence a medical-malpractice action.

Stinchcomb v. Presbyterian Medical Care Corp. · filed 2011-05-03(16)

The plaintiff then has three years from that date to commence the action. Id.; N.C. Gen. Stat. § 1-52(16) (2009).

Section 1-52(16) sets a three-year limitations period, and a plaintiff may amend as of right before that period expires if no responsive pleading has been served.

Brooks v. Martin · filed 2014-08-05(16)

Plaintiff then had an additional 21 days to cure any defects in her complaint by filing an amendment to her complaint prior to the expiration of the applicable three-year statute of limitations set out in N.C. Gen. Stat. § 1-52(16).

The court held that the breach-of-contract claim is governed by § 1-52(1)'s three-year limitations period, while leaving the precise accrual date and any equitable tolling for further factual development.

Deluca v. River Bluff Holdings II, LLC · filed 2015-01-28(1)

Plaintiffs’ contract claim is governed by a three-year statute of limitations period. N.C. Gen. Stat. § 1-52(1) (2014). Typically, a contract claim begins to accrue when the breach occurs.

Section 1-52(1) gives contract-based actions a three-year limitations period, running from the breach; the court applied that rule to dismiss claims arising from the first alleged contract as untimely.

Surratt v. Brown · filed 2015-07-27(1)

The statute of limitations for actions based “[u]pon a contract, obligation or liability arising out of a contract, express or implied” is three years. N.C. Gen. Stat. § 1-52(1) (2014).

Section 1-52(16) imposes a three-year limitations period for personal-injury tort claims, including claims against an uninsured-motorist carrier arising from the automobile accident.

Davis v. Urquiza · filed 2014-04-15(16)

The applicable statute of limitations for personal injury in tort, and for service on a UM carrier, arising out of an automobile accident is three years.

N.C. Gen. Stat. § 1-52(1) and (5) require the specified tort, contract, and lease claims to be brought within three years of the injury or breach.

Glynne v. Wilson Medical Center · filed 2014-09-02(1) and (5)

A plaintiff seeking to recover damages or to obtain other relief for negligent infliction of emotional distress and tortious interference with contract or prospective business relations must assert that claim within three years of the date upon which the underlying injury occurred.

Section 1-52(5) provides a three-year statute of limitations for a North Carolina tortious-interference-with-contract claim.

Dickinson v. University of North Carolina · filed 2015-03-16(5)

The statute of limitations for the State-law claim of tortious interference with contract is three years.

Section 1-52's three-year limitations period bars claims filed more than three years after accrual when no applicable savings provision or equitable tolling applies.

Vanek v. Global Supply & Logistics, Inc. · filed 2014-04-01§ 1-52

Thus, absent a tolling of the statute of limitations under one of the equitable doctrines advanced by Plaintiff and ... discussed below, we must conclude that Plaintiff’s claims were appropriately dismissed as time-barred under N.C. Gen. Stat. § 1-52.

Section 1-52(5) gives a three-year limitations period for negligent misrepresentation, measured from when the misrepresentation was made or reasonably should have been discovered and the plaintiff suffered harm.

Stevens v. E.I. DuPont de Nemours & Co. · filed 2015-11-16(5)

Similarly, under North Carolina law, Steven had to file his negligent misrepresentation claim within three years of the date (1) the alleged misrepresentation was made or reasonably should have been discovered and (2) he suffered harm from the misrepresentation.

Section 1-52(5) imposes a three-year limitations period on fraud and negligent-misrepresentation claims; fraud accrues upon discovery or when it should have been discovered, while negligent misrepresentation accrues when the claimant suffers harm and discovers the misrepresentation.

Federal National Mortgage Ass'n v. Quicksilver LLC · filed 2015-12-10(5)

Under North Carolina law, claims of fraud and negligent misrepresentation are subject to a three-year statute of limitations. N.C. Gen. Stat. § 1-52(5), (9) (2015); ... For claims of fraud, “the statute of limitations begins to run from .the discovery of the fraud or from the time it should have been discovered in the exercise of reasonable diligence.” ... For claims of negligent misrepresentation, the cause of action accrues when “first, the claimant suffers harm because of the misrepresentation, and second, the claimant discovers the misrepresentation.”

Claims based on a liability created by statute are subject to § 1-52(2)'s three-year statute of limitations.

In Re Se. Eye Ctr. (Ccsea v. Matthews) · filed 2016-07-22(2)

Accordingly, the Court concludes that the counterclaim for failure to make distributions is subject to the three-year statute of limitations for claims made pursuant to a liability created by statute as provided in N.C. Gen. Stat. § 1-52(2).

N.C. Gen. Stat. § 1-52(19) provides a three-year limitations period for assault claims.

Radcliffe v. Avenel Homeowners Ass'n, Inc. · filed 2016-08-02(19)

The statute of limitations for an assault claim is three years. N.C. Gen. Stat. § 1-52(19) (2015).

Section 1-52(16) provides a three-year statute of limitations for personal injury claims, and the court applied that period to hold the plaintiff's claim expired before the amended complaint was filed.

Williams v. Advance Auto Parts, Inc. · filed 2017-01-17(16)

The statute of limitations is three years for personal injury cases. N.C. Gen. Stat. § 1-52(16) (2015).

Section 1-52(9) imposes a three-year statute of limitations on fraud claims, and § 1-52(1) imposes a three-year statute of limitations on breach-of-contract actions.

Jackson v. Minnesota Life Insurance Co. · filed 2017-03-08§ 1-52(9); § 1-52(1)

A three-year statute of limitations governs North Carolina fraud claims. N.C. Gen. Stat. § 1-52(9); ... A three-year statute of limitations governs actions for breach of contract. N.C. Gen. Stat. § 1-52(1).

Section 1-52(5) gives personal-injury claims a three-year limitations period.

Slater v. Biomet, Inc. · filed 2017-03-26(5)

A personal injury plaintiff must file within three years of when the cause of action accrues, N.C. Gen. Stat. § 1-52(5).

Section 1-52 provides a three-year limitations period for breach-of-contract claims and for statutory claims lacking another specified limitations period.

N.C. Farm Bureau Mut. Ins. Co. v. Hull · filed 2016-12-30§ 1-52(1) and (2)

Neither party disputes and we agree the applicable statute of limitations in this case is three years. See N.C. Gen. Stat. § 1-52(1) (2015) (three-year statute of limitations for breach of contract claims); N.C. Gen. Stat. § 1-52(2) (2015)

Section 1-52(4) imposes a three-year statute of limitations on conversion claims.

Lau v. Constable · filed 2017-02-07(4)

The statute of limitations applicable to a claim for conversion is three years. N.C. Gen. Stat. § 1-52(4); White v. Consol. Planning, Inc., 166 N.C. App. 283, 310, 603 S.E.2d 147, 165 (2004).

Section 1-52(4) sets a three-year limitations period for conversion of goods or chattels, beginning when unauthorized ownership occurs.

Honeycutt v. Weaver · filed 2018-02-06(4)

N.C. Gen. Stat. § 1-52(4) provides that a 3-year statute of limitations governs actions for conversion of goods or chattels.

Section 1-52 provides a three-year limitations period for negligence actions, and the claim accrues when the negligent wrong is committed even if damages are initially nominal or undiscovered.

Hampton v. Hanzel · filed 2018-06-29(1)

Under N.C. Gen. Stat. § 1-52, the statute of limitations for a negligence action is three years. ... “A cause of action based on negligence accrues when the wrong giving rise to the right to bring suit is committed, even though the damages at that time be nominal and the injuries cannot be discovered until a later date.”

Section 1-52(5) sets a three-year limitations period for negligent misrepresentation claims.

Asheville Lakeview Props., LLC v. Lake View Park Comm'n, Inc. · filed 2017-07-18(5)

The statute of limitations applicable to negligent misrepresentation claims is three years.

Section 1-52(1) provides a three-year statute of limitations for contract claims; collection will file this under existing headings where appropriate.

Holcombe v. Oak Island Aircraft Hous., LLC · filed 2018-05-01(1)

Additionally, there is a three-year statute of limitations applicable to contracts.

Section 1-52 provides a three-year limitations period for the claims at issue, running from accrual.

Purnima Sanghrajka, & Cary Foods, Inc. v. Family Fare, LLC · filed 2019-02-05§ 1-52

Even if the contract did not impose a one-year contractual limitation period, these claims are barred by their three-year statute of limitations.

N.C. Gen. Stat. § 1-52(5) supplies a three-year limitations period for personal-injury claims.

Parker v. Marston · filed 2019-08-12(5)

In North Carolina, the applicable statute is N.C. Gen. Stat. § 1-52(5), which provides a three-year limitations period for personal injury claims.

N.C. Gen. Stat. § 1-52(16) supplies a three-year limitations period for § 1983 claims in North Carolina.

Hudgins v. Buncombe County · filed 2019-09-25(16)

In North Carolina, the applicable statute of limitations is three years.

Section 1-52(1) generally provides a three-year limitations period for breach-of-fiduciary-duty claims, subject to the constructive-fraud exception described by the court.

Ironman Med. Props., LLC v. Chodri · filed 2019-12-03(1)

Ordinarily, breaches of fiduciary duty are governed by the three-year statute of limitations contained in N.C. Gen. Stat. § 1-52(1).

Section 1-52(5) provides a three-year limitations period for personal injury claims.

Walsh v. Gilliam · filed 2020-02-25(5)

In North Carolina, the applicable statute is N.C. Gen. Stat. § 1-52(5), which provides a three-year limitations period for personal injury claims.

Subsection (16) generally gives negligence plaintiffs three years to sue, with the claim accruing when the wrongful conduct occurs even if the resulting injury is discovered later.

Lewis v. Murphy-Brown, LLC · filed 2020-03-16(16)

N.C. Gen. Stat. § 1-52 . . . imposes a three-year statute of limitations for negligence actions. A cause of action based on negligence accrues when the wrong giving rise to the right to bring suit is committed, even though the damages at that time be nominal and the injuries cannot be discovered until a later date.

N.C. Gen. Stat. § 1-52(5) sets a three-year limitations period for claims for injury to another’s person or rights, and that period applies to all § 1983 claims in North Carolina.

Brooks v. Stanley · filed 2020-05-12(5)

Under North Carolina law, the statute of limitations is three years “for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated.” N.C. Gen. Stat. § 1-52(5). This statute of limitations applies to all § 1983 claims.

Section 1-52(1) requires a contract-based action to be commenced within three years after accrual, unless tolling circumstances exist.

McLean v. Spaulding · filed 2020-09-15(1)

The claim is governed by N.C. Gen. Stat. § 1-52(1) (2019). Under N.C. Gen. Stat. § 1-52(1) “a plaintiff must commence any action based on a contract within three years from the time the cause of action accrues, absent the existence of circumstances which would toll the running of the statute of limitations.”

Section 1-52(5) provides a three-year limitations period for personal injury actions, which the court applied to § 1983 false-arrest claims.

Shreve v. Limpert · filed 2019-11-15(5)

North Carolina has a three-year statute of limitations for personal injury actions.

North Carolina personal injury and breach-of-warranty claims are subject to a three-year statute of limitations under § 1-52(16), and the court applied that period to bar Garner's claims filed more than three years after accrual.

Williams v. Smith & Nephew Inc. · filed 2020-01-24(16)

In North Carolina, personal injury and breach of warranty claims are subject to a three-year statute of limitations.

Fraud claims under North Carolina law must be filed within three years after the alleged fraud was or should have been discovered with reasonable care; the court applied that rule in assessing whether the pleaded claim was time-barred.

Goree v. The Shaw University · filed 2021-01-25(9)

Claims for fraud arising under North Carolina law must be filed within three years from the time the alleged fraud was or should have been discovered by the plaintiff with the exercise of reasonable care.

Section 1-52(16) supplies a three-year limitations period for personal injury actions, which governs § 1983 claims arising in North Carolina.

Gunter v. Doe · filed 2020-07-07(16)

Section 1983 claims arising in North Carolina are governed by the three-year period for personal injury actions.

Subsection (16) requires personal-injury claims to be brought within three years of accrual.

Gregory v. Currituck County · filed 2021-03-05(16)

Under North Carolina law, a personal-injury claim must be brought within three years of the date the claim accrued. N.C. Gen. Stat. § 1-52(16).

Subsection (5) provides a three-year limitations period for personal-injury actions, which serves as the analogous limitations period for § 1983 claims in North Carolina.

EPCON HOMESTEAD, LLC v. TOWN OF CHAPEL HILL · filed 2021-05-26(5)

the “analogous state limitations period is the three-years limitations period . . . relating to personal injury actions.”

Section 1-52(16) supplies a three-year limitations period for § 1983 claims arising in North Carolina by applying the period for personal-injury actions.

Johnson v. Triplett · filed 2021-10-29(16)

Section 1983 claims arising in North Carolina are governed by the three-year period for personal injury actions. See N.C. Gen. Stat. § 1-52(16)

Section 1-52(16) requires a personal-injury claim to be brought within three years after the harm becomes apparent or reasonably should have become apparent.

Iredell Water Corporation v. City of Statesville · filed 2022-03-25(16)

In North Carolina, a claim for personal injury must be brought within three years from the time the harm “becomes apparent or ought reasonably to have become apparent to the claimant.” N.C. Gen. Stat. § 1-52(16).

Section 1-52(5) supplies a three-year statute of limitations for § 1983 claims in North Carolina.

HOELZER v. THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA · filed 2022-03-31(5)

In North Carolina, the statute of limitations for personal injury actions is three years. N.C. Gen. Stat. § 1-52(5); see Nat’l Adver. Co., 947 F.2d at 1162 (holding that § 1-52(5) governs 42 U.S.C. § 1983 claims).

Subsection (16) allows three years to sue for personal injury or property damage, beginning when the damage becomes apparent or reasonably should have become apparent, whichever occurs first.

Burr v. Macon County Sheriff's Department · filed 2022-04-25(16)

“North Carolina … has a statute of limitations that allows a person three years to bring suit for personal injury or property damage, beginning on the date that damage ‘becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs.’”

Section 1-52(5) provides a three-year limitations period for § 1983 claims based on deliberate indifference to serious medical needs.

Young v. Ishee · filed 2022-06-24(5)

A claim for deliberate indifference to serious medical needs is subject to North Carolina’s three-year limitations period for personal injuries.

Section 1-52(1) sets a three-year statute of limitations for a contract, obligation, or liability arising from a contract.

Greene v. Accredited Management Solutions, LLC · filed 2022-08-02(1)

In North Carolina, the statute of limitations for “a contract, obligation[,] or liability arising out of a contract” is three years. N.C. Gen. Stat. § 1-52(1).

N.C. Gen. Stat. § 1-52(16) requires personal-injury claims to be brought within three years after the harm becomes apparent or reasonably should have become apparent.

Iredell Water Corporation v. City of Statesville · filed 2022-09-28(16)

In North Carolina, a claim for personal injury must be brought within three years from the time the harm “becomes apparent or ought reasonably to have become apparent to the claimant.” N.C. Gen. Stat. § 1-52(16).

Section 1-52(5) provides the three-year limitations period for personal-injury actions used as the analogous state limitations period for § 1983 claims.

Epcon Homestead, LLC v. Town of Chapel Hill · filed 2023-03-20(5)

In North Carolina, the “analogous state limitations period is the three-years limitations period . . . relating to personal injury actions.” Nat’l Advert. Co. v. City of Raleigh, 947 F.2d 1158, 1161–62 (4th Cir. 1991); see also N.C. Gen. Stat. § 1-52(5).

Section 1-52(5) imposes a three-year statute of limitations on negligent-infliction-of-emotional-distress claims.

OLDHAM v. UNIVERSITY OF NORTH CAROLINA · filed 2023-06-13(5)

A claim for negligent infliction of emotional distress carries the usual tort-based three-year statute of limitations. N.C. Gen. Stat. § 1-52(5).

Section 1-52(1) provides a three-year statute of limitations for the breach of contract claim, and filing the action within that period was sufficient even though service occurred about a month later.

Colorado Bankers Life Insurance Company v. Academy Financial Assets, LLC · filed 2023-06-14(1)

North Carolina’s three-year statute of limitations under N.C. Gen. Stat. § 1-52(1) applies to Colorado Bankers’ breach of contract claim. ... Colorado Bankers filed this action. ... within the three-year statute of limitations period. ... Accordingly, the three-year statute of limitations period does not bar Colorado Bankers’ breach of contract claim.

Subsection (9) provides a three-year limitations period for fraud claims.

Mountaineer Motors of Lenoir, LLC v. Carvana, LLC · filed 2023-10-19(9)

The North Carolina fraud statute has a three-year limitations period. See N.C. Gen. Stat. § 1-52(9).

Section 1-52(5) provides a three-year limitations period for personal-injury claims in North Carolina.

Bailey v. Campbell · filed 2024-02-07(5)

Because § 1-52 covers personal injury claims, the Court will therefore apply a three-year statute of limitations to the § 1983 claim.

Section 1-52(16) gives a person three years to sue for personal injury or property damage, starting when the damage becomes apparent or reasonably should have become apparent.

Murdock v. Ingram · filed 2024-10-07(16)

“North Carolina … has a statute of limitations that allows a person three years to bring suit for personal injury or property damage, beginning on the date that damage ‘becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs.’”

This Court held that North Carolina's three-year limitations period under § 1-52(4) barred El Omari's conversion claim because the alleged conversion occurred in early 2017 and the limitations period expired in 2020.

El Omari v. Dechert LLP · filed 2025-06-09(4)

In North Carolina, conversion claims are subject to a three-year statute of limitations. See N.C. Gen. Stat. § 1-52(4); Honeycutt v. Weaver, 812 S.E.2d 859, 867 (N.C. Ct. App. 2018). Under North Carolina law, a claim for conversion “accrues, and the statute of limitations begins to run, when the unauthorized assumption and exercise of ownership occurs—not when the plaintiff discovers the conversion.” Stratton v. Royal Bank of Can., 712 S.E.2d 221, 227 (N.C. Ct. App. 2011).

The court held that N.C. Gen. Stat. § 1-52(9) supplies a three-year statute of limitations for an unjust-enrichment claim.

KENYATTA v. CHALMERS-JUDD LAND ENTERPRISE, LLC · filed 2025-08-15(9)

An unjust enrichment claim, count VIII, id. at 11–12, has a three-year statute of limitations. N.C. Gen. Stat. § 1-52(9); Taylor v. Bank of Am., N.A., 385 N.C. 783, 786, 788, 898 S.E.2d 740, 744, 745 (2024).

This Court held that N.C. Gen. Stat. § 1-52 supplies a three-year limitations period for § 1983 claims in North Carolina.

Moore v. Poplin · filed 2025-09-04

In North Carolina, § 1983 claims are governed by the three-year statute of limitations for personal injury. See N.C. Gen. Stat. § 1-52; Brooks v. City of Winston-Salem, 85 F.3d 178, 181 (4th Cir. 1996) (applying North Carolina’s three-year statute of limitations to § 1983 actions); CTS Corp. v. Waldburger, 573 U.S. 1, 8 (2014) (“North Carolina ... has a statute of limitations that allows a person three years to bring suit for personal injury or property damage, beginning on the date that damage becomes apparent or ought reasonably to have become apparent to the claimant”).

The court held that the three-year limitations period in N.C. Gen. Stat. § 1-52(5) applies to the plaintiff's § 1983 claims, making them time-barred.

Ashmon v. Dance · filed 2025-09-30(5)

In North Carolina, the statute of limitations for personal injury actions is three years. N.C. Gen. Stat. § 1-52(5).

The court held that the three-year limitations period under N.C. Gen. Stat. § 1-52(16) applies to the plaintiff's § 1983 claims.

PARKER · filed 2026-02-11(16)

Plaintiff has alleged claims under § 1983, which are subject to a three-year statute of limitations. See DePaola v. Clarke, 884 F.3d 481, 486 (4th Cir. 2018) (“In cases brought under Section 1983, we apply the statute of limitations for personal injuries of the state in which the alleged violations occurred.”); see also N.C. Gen. Stat. § 1-52(16) (establishing three-year statute of limitations for personal injury).

This court held that N.C. Gen. Stat. § 1-52(5) provides a three-year limitations period for gross-negligence and intentional-infliction-of-emotional-distress claims.

Blanton · filed 2026-02-12(5)

The statute of limitations for Plaintiff’s claims of gross negligence and intentional infliction of emotional distress is three years. See N.C. Gen. Stat. § 1-52(5) (“Within three years an action . . . for any other injury to the person or rights or another, not arising on contract . . . .”); Russell v. Adams, 125 N.C. App. 637, 640 (1997) (“Causes of action for emotional distress, both intentional and negligent, are governed by the three-year statute of limitation provisions of N.C. Gen. Stat. § 1-52(5) (1996).”).

This court held that N.C. Gen. Stat. § 1-52(5)'s three-year limitations period barred plaintiffs' personal-injury and negligence claims.

Cooke · filed 2026-03-02(5)

As defendants have argued, the applicable statute of limitations for each of plaintiffs’ claims, with the exception of their state law civil liability for acts of terrorism claim, is three years. See Owens v. Balt. City State's Attorney's Office, 767 F.3d 379, 388 (4th Cir. 2014) (limitations period for § 1983 claim is borrowed from state personal injury limitations period); N.C. Gen. Stat. § 1-52(5) (personal injury claims must be brought within three years); McHam v. N. Carolina Mut. Life Ins. Co., No. 105CV01168, 2007 WL 1695914, at *2 (M.D.N.C. June 11, 2007) (state personal injury limitations period also applies to § 1985 claims); Morley v. N. Carolina Dep’t of Health & Hum. Servs./Broughton Hosp., 171 F. Supp. 2d 585, 592 (W.D.N.C. 2001) (three year limitations period applies to North Carolina Constitution claims); Bendross v. Town of Huntersville, 159 N.C. App. 228 (2003) (unpublished) (applying three year limitations period under N.C. Gen. Stat. § 1-52(5) to negligent supervision and retention claim). Even considering plaintiffs’ tolling agreement entered with the City of Raleigh, the three-year limitations period bars these claims.

This court held that North Carolina’s three-year statute of limitations for personal-injury actions under § 1-52(5) supplies the limitations period for Andrews’ § 1983 claims.

Case name unavailable · filed 2026-03-31(5)

The Fourth Circuit has already held that the relevant statute of limitations for purposes of Andrews’ takings and substantive due process causes of action is North Carolina’s three-year statute of limitations for personal-injury actions. See Epcon I, 62 F.4th at 886; Nat’l Advert. Co. v. City of Raleigh, 947 F.2d 1158, 1161-62 (4th Cir. 1991); see also N.C. Gen. Stat. § 1-52(5). The three-year statute of limitations applies to Andrews’ equal protection and procedural due process claims, as well.

North Carolina’s three-year statute of limitations under § 1-52(5) and (19) governed Oldham’s tort claims against Abashidze, which were timely even using the earliest possible accrual date.

Oldham v. Penn State University · filed 2025-05-29(5), (19)

Under lex fori, North Carolina’s three-year statute of limitations governs Oldham’s claims against Abashidze for battery, negligence, gross negligence, and negligent and intentional infliction of emotional distress. ... So even using the earliest possible accrual date, Oldham filed her lawsuit within the three-year limitations period permitted by North Carolina law, and those claims are therefore not time barred.

Section 1-52(5) provides a three-year limitations period for claims alleging injury to a person or another's rights that do not arise from contract and are not otherwise enumerated.

Felix v. Doughtie · filed 2021-06-08(5)

Similarly, because plaintiff’s state law claims, if any, arise from injury to his person or his rights and do not arise from contract, they would be controlled by a three-year limitations period as well. See N.C. Gen. Stat. § 1-52(5) (enumerating a three-year limitations period for “for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated”). Here, plaintiff filed instant complaint February 8, 2021, meaning that claims based on conduct prior to February 8, 2018, are time-barred.

Section 1-52(5) supplies a three-year limitations period for analogous federal claims, while § 1-52(16) starts the period for tort claims when the injury becomes apparent or reasonably should have become apparent.

MCCARTER v. UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, THE · filed 2021-09-30(5), (16)

In North Carolina, analogous claims must be brought within three years. Id. at 1162 (citing N.C. Gen. Stat. § 1-52(5)). ... Tort claims in North Carolina must be brought within three years of when the injury “becomes apparent or ought reasonably to have become apparent to the claimant.” N.C. Gen. Stat. § 1-52(16). Thus, an IIED or NIED claim accrues when a plaintiff becomes aware, or reasonably should have become aware, of the severe emotional distress.

Section 1-52(16) supplies a three-year limitations period for § 1983 claims arising in North Carolina.

Gunter v. Doe · filed 2022-01-06(16)

Section 1983 claims arising in North Carolina are governed by the three-year period for personal injury actions. See N.C. Gen. Stat. § 1-52(16); Nat’l Adv. Co. v. City of Raleigh, 947 F.2d 1158, 1162 n.2 (4th Cir. 1991).

Section 1-52(16) gives a plaintiff three years to bring a personal-injury claim in North Carolina, and that period governs a North Carolina refiling after a voluntary dismissal without prejudice in another state.

Barefoot v. Rule · filed 2019-05-21(16)

Plaintiff had three years to file in North Carolina and only one year to file in Tennessee. See N.C. Gen. Stat. § 1-52(16); Tenn. Code Ann. § 28-3-104(a)(1)(A). ... We conclude plaintiff was free to re-file her claim in North Carolina as an entirely new claim, as if she had never filed the first suit, since the dismissal order in Tennessee operated to leave her in the same position as she was prior to filing the lawsuit. ... Nor is Tennessee’s statute of limitations substituted for North Carolina’s based upon the voluntary dismissal order.

Section 1-52 provides a three-year limitation period for claims arising in contract, tort, or under a statute.

Chambers v. McLean Trucking Co., Inc. · filed 1982-03-15(1)

Plaintiffs’ claim that locals should have grieved against McLean and Spector before March 10, 1977, is not time-barred. ... Howard v. Aluminum Workers, 589 F.2d 771 (4th Cir.1978), requires that the Court apply North Carolina’s three-year limitation period. ... The three-year period applies whethe'r plaintiffs’ claims are construed as arising in contract or tort or by statute. N.C.Gen.Stat. § 1-52(1), (2) & (5). Plaintiffs filed this action within three years of the date the 50-cent provision became effective.

Section 1-52(2) provides a three-year limitations period for claims based on a liability created by either state or federal statute.

Seawell v. Miller Brewing Co. · filed 1983-12-12(2)

The relevant state statute is N.C.Gen. Stat. § 1-52(2), which provides a three-year period within which a party may bring claims “[u]pon a liability created by statute, either state or federal.”

Section 1-52(1) provides a three-year limitations period for claims arising from an express or oral contract.

American Hotel Management Associates, Inc. v. Jones · filed 1985-07-22(1)

We therefore agree with Jones that, under North Carolina law, the applicable statute of limitation is determined by the nature of the substantive right asserted by plaintiffs. Here, as noted above, plaintiffs’ substantive right is one of contract. See Teachey v. Gurley, 214 N.C. 288, 199 S.E. 83 (1938) (three year statute of limitations applicable to actions alleging a breach of duty under an express trust). At oral argument, plaintiffs conceded that their trust agreement was based on an oral contract. Consequently, we hold that plaintiffs’ claim to Jones’ NHM stock is governed by the three year limitations period.

Section 1-52(5) imposes a three-year limitations period on claims for wrongful execution, malicious prosecution, and abuse of process, running from accrual; the court applied that period to bar the plaintiff's state-law claims.

Burgess v. Equilink Corp. · filed 1987-02-05(5)

It is undisputed that the applicable statute of limitations for Plaintiff’s claims for wrongful execution, malicious prosecution and abuse of process, is set forth at N.C. Gen.Stat. § 1-52(5) providing that suit on those causes of action must be brought within three years of their accrual; ... Consequently, Plaintiff’s state claims are time-barred by the applicable statutes of limitations.

Section 1-52(1) gives actions on express or implied contracts a three-year limitations period, which applies when an ERISA claim is most analogous to breach of contract.

United Food & Commercial Workers Local 204 v. Harris-Teeter Super Markets, Inc. · filed 1989-03-28(1)

North Carolina has a three-year statute of limitations for actions upon contracts or obligations or liabilities arising out of contracts, express or implied, N.C.Gen.Stat. § 1-52(1) (1983).

Section 1-52 provides a three-year limitations period for contract actions, and the period runs from accrual of the alleged breach.

Overstreet v. Kentucky Central Life Insurance · filed 1990-09-27(1)

North Carolina has a three year statute of limitations for actions arising out of contracts. N.C.Gen.Stat. § 1-52 (1983). Plaintiff’s cause of action for the alleged breach of contract, i.e., the settlement with Fisher, accrued on May 18, 1984. Plaintiff failed to file within the requisite three years, because the instant case was not filed until August 31, 1988.

Section 1-52(5) requires a personal-injury negligence action to be commenced within three years after the claim accrues, with accrual occurring when the wrong is complete.

Stokes v. Southeast Hotel Properties, Ltd. · filed 1994-12-21(5)

North Carolina law requires that an action to recover for personal injuries negligently inflicted must be commenced within three years from the date on which the action accrues. ... The cause of action accrues when the wrong is complete. ... Since this suit was commenced more than three years after the alleged assault and battery took place, Clayton Stokes is barred from recovering for any alleged negligence by the Defendant CMC.

Subsection (1) provides a three-year period to sue on a contract, obligation, or liability arising from an express or implied contract; for these continuing medical-treatment charges, the period began with the last treatment when no contract specified when payment was due.

Civatte v. Secretary of Health and Human Services · filed 2024-07-19(1)

Neither party cited caselaw interpreting the above-cited statute of limitations. My own research confirmed that it does cover a medical provider’s rights to collect on outstanding debt. Johnson Neurological Clinic v. Kirkman, 121 N.C. App. 326 (1996). ... The court held that “absent a contract stipulating the date when payment is due, a cause of action for collection of payment for continuing medical treatment arises at the time the last treatment is provided.” Id. at 331. ... Thus, calculating when the statute of limitations cut-off arrived depends on the relevant dates of treatment. As Respondent correctly noted, NHRMC is pursuing payment for services rendered from November 2015 through February 16, 2016. Ex. 25 at 10, 35, 36, 38, 39. That end date represents the most likely start of the limitations period for pursuing those expenses – meaning the three-year period to pursue a claim for the medical expense liabilities terminated in February 2019 without action, as Respondent contends, and those sums are not reimbursable herein.

Section 1-52(5) provides a three-year limitations period for personal-injury actions, and that period applies to actions brought under 42 U.S.C. § 1983.

Plimpton v. Cooper · filed 2001-02-22(5)

Moreover, the three year statute of limitations provided for personal injury actions by N.C. Gen.Stat. § 1-52(5) applies to actions brought pursuant to 42 U.S.C. § 1983.

Section 1-52(1) imposes a three-year limitations period on contract claims.

Hoover v. Bank of American Corp. · filed 2003-09-24(1)

Under North Carolina law, a three-year statute of limitations applies to contracts and statutory liability actions. See N.C. Gen.Stat. §§ 1-52(1), 1-52(2); Glover v. First Union Nat’l Bank of N.C., 109 N.C.App. 451, 428 S.E.2d 206, 208 (1993). ... This fourth claim, sounding in contract, is clearly barred under the North Carolina statute of limitations and under the doctrine of laches.

Section 1-52(5) provides a three-year limitations period for a negligent-infliction-of-emotional-distress claim.

McDougal-Wilson v. Goodyear Tire and Rubber Co. · filed 2006-03-31(5)

North Carolina’s three-year statute of limitation applies to this claim.

Section 1-52(5) provides a three-year limitations period for wrongful-discharge claims.

United States v. Graham County Soil & Water Conservation District · filed 2005-09-22(5)

This case comes to us on remand from the Supreme Court. Graham County Soil & Water Conservation Dist. v. United States, ___ U.S. ___, 125 S.Ct. 2444, 162 L.Ed.2d 390 (2005). In accordance with that decision, we in turn remand the case to the district court with directions to dismiss it as time-barred under North Carolina's three-year statute of limitations for wrongful discharge. See N.C. Gen.Stat. § 1-52(5) (2003); Renegar v. R.J. Reynolds Tobacco Co., 145 N.C.App. 78, 549 S.E.2d 227, 229 (2001).

Section 1-52(1) supplies a three-year limitations period for § 1981 discriminatory-hiring claims.

Robert L. JOHNSON, Jr., Leroy Sloan, Willie R. Jackson, Ernest H. McManus, and Booker T. Alexander, Jr.… · filed 1978-05-02(1)

But all parties recognize that this cause of action is barred by North Carolina's three year statute of limitations, N.C. Gen.Stat. § 1-52(1), which is made applicable to the § 1981 claim.

Section 1-52's three-year limitations period for a § 1981 employment discrimination claim is tolled by filing the complaint in court, not by filing an EEOC charge.

Sledge v. J. P. Stevens & Co. · filed 1978-10-04

Although this litigation is also prosecuted under 42 U.S.C. § 1981, it is now settled that a state statute of limitations is not tolled in a § 1981 employment discrimination action by the filing of the EEOC charge, but rather by the filing of the complaint in court.

The three-year limitations period under § 1-52(1) is computed under Rule 6(a), so when its final day falls on a Sunday, the filing period extends to the next business day.

Winston v. LIVINGSTONE COLLEGE, INC. · filed 2011-03-15(1)

Rule 6(a) applies to all computations of time for statutory periods set forth in the General Statutes, including the statute of limitations provided in N.C. Gen. Stat. § 1-52(1).

Section 1-52(16) imposes a three-year limitations period for negligence-based personal-injury claims, accruing when the bodily harm becomes apparent or reasonably should have become apparent.

Boyd v. SANDLING · filed 2011-03-15(16)

The statute of limitations for personal injury due to negligence is three years. ... Personal injury claims accrue when the “bodily harm to the claimant . . . becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs.”

N.C. Gen. Stat. § 1-52(9) provides a three-year statute of limitations for negligent-misrepresentation claims.

Branch Banking & Trust Co. v. Chicago Title Insurance · filed 2011-06-07(9)

N.C. Gen. Stat. § 1-52(9) (2009) sets forth a three-year statute of limitations for claims of negligent misrepresentation.

N.C. Gen. Stat. § 1-52(9) provides a three-year limitations period for negligent-misrepresentation claims, and the claim here was not time-barred when Chicago Title received notice.

Branch Banking & Trust Co. v. Chicago Title Insurance · filed 2011-08-16(9)

N.C. Gen. Stat. § 1-52(9) (2009) sets forth a three-year statute of limitations for claims of negligent misrepresentation.

N.C. Gen. Stat. § 1-52 provides a three-year statute of limitations for a breach-of-contract claim.

Hardin v. York Memorial Park · filed 2012-06-19(1)

Pursuant to N.C. Gen. Stat. § 1-52, the applicable statute of limitations for a breach of contract claim is three years.

N.C. Gen. Stat. § 1-52(1) gives breach-of-contract claims a three-year statute of limitations.

Coderre v. Futrell · filed 2012-12-18(1)

In North Carolina, the statute of limitations for breach of contract is three years.

N.C. Gen. Stat. § 1-52(2) imposes a three-year limitations period on claims based on a liability created by statute.

Ludlum v. State · filed 2013-05-07(2)

Under our General Statutes, a party’s claims are also limited to a 3-year window when brought “[u]pon a liability created by statute, either state or federal[.]” N.C. Gen. Stat. § 1-52(2).

Section 1-52(16) requires a personal-injury action not governed by a statute of repose to be brought within three years after the bodily harm becomes apparent or reasonably should have become apparent, whichever occurs first.

Goodman v. Living Centers—Southeast, Inc. · filed 2014-06-17(16)

Given that plaintiff’s claims sound in ordinary negligence, her action is subject to the three-year statute of limitations set forth in N.C. Gen. Stat. § 1-52(16) (2013) (providing that an action for personal injury not governed by the statute of repose, N.C. Gen. Stat. § 1-15(c), shall be brought within three years of the date upon which bodily harm to the claimant “becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs”).

N.C. Gen. Stat. § 1-52(16) sets a three-year statute of limitations for personal injury cases.

Goodwin, by and Through Hales v. Four County Electric Care Trust, Inc. · filed 2016-12-20(16)

N.C. Gen. Stat. § 1-52(16) sets the statute of limitations at three years for personal injury cases.

Section 1-52(5) sets a three-year statute of limitations for personal-injury actions in North Carolina.

Shreve v. Officer Wolfe (2612) · filed 2021-08-26(5)

In North Carolina, the statute of limitations for personal injury actions is three years. N.C. Gen. Stat. § 1-52(5).

Section 1-52(5) gives personal-injury claims a three-year statute of limitations.

Hill v. Revells · filed 2021-01-29(5)

As relevant here, North Carolina has a three-year statute of limitations for personal injury actions.

Section 1-52(16) supplies a three-year limitations period for personal injury actions, which governs § 1983 claims arising in North Carolina.

Judd v. The County of Buncombe County · filed 2023-11-28(16)

Section 1983 claims arising in North Carolina are governed by the three-year period for personal injury actions. See N.C. Gen. Stat. § 1-52(16)

Section 1-52 sets a three-year statute of limitations for personal injury suits.

McCrimmon v. Stamper · filed 2024-02-26

N.C. Gen. Stat. § 1-52 provides that personal injury suits have a three-year statute of limitations.

Section 1-52(5) sets a three-year statute of limitations for personal-injury claims, which governs constitutional claims brought under § 1983.

COVINGTON v. BROWN · filed 2025-01-31(5)

Defendants are correct that North Carolina’s three-year statute of limitations governs Plaintiffs constitutional claims arising under § 1983. ... N.C. Gen. Stat. § 1-52(5) (establishing three-year statute of limitations for personal injury).

Subsection (5) imposes a three-year limitation on personal-injury actions not otherwise enumerated, including strict-liability claims; subsection (1) supplies the three-year period for warranty claims in which bodily injury is an essential element.

Smith v. Cessna Aircraft Co., Inc. · filed 1983-09-21(5) and (1)

The terms of N.C.Gen.Stat. § 1-52(5) provide that an action must be brought within three years “[f]or criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated.” ... On its face, § 1-52(5) appears to apply to all actions for personal injuries that are not specifically enumerated elsewhere in a distinct statute of limitation. ... For these reasons, the court finds that § 1-52(5) is the appropriate statute of limitations to apply to any claims that might be available to the Plaintiffs under Florida law for strict liability and that said claims are therefore barred. ... However, the North Carolina Supreme Court has recently declined to apply § 25-2-725 to such claims where bodily injury to the person is an essential element of the cause of action and has instead adopted as the appropriate statute of limitation the three-year period contained in N.C.Gen. Stat. § 1-52(1). ... Bernick v. Jurden compels a finding that any claims Plaintiffs might have for breach of the warranties of merchantability and fitness for particular purpose are barred by § 1-52(1).

Section 1-52(5) provides a three-year limitations period for personal injuries not arising on contract and not otherwise enumerated, and that period applies to § 1983 claims in North Carolina.

Reagan v. Hampton · filed 1988-12-06(5)

The North Carolina General Statutes allows one year to bring an action to recover damages for those personal injury actions under § 1-54(3), and three years for other personal injury actions under § 1-52(5). ... Thus, North Carolina’s limitation scheme does not lend itself to a rigid dichotomy found in those states where courts have chosen the more restrictive statute of limitation. ... This decision supports this court’s conclusion that § 1-52(5) is the applicable statute in light of Wilson. ... This court holds that the remedial purposes of § 1983 would be ill served by compressing the potentially infinite variety of constitutional claims available under the statute into the narrow confines of a one-year statute of limitation. ... Because (1) this court has chosen the three-year period of limitation for personal injury actions to govern § 1983 actions in North Carolina and (2) Reagan has filed his § 1983 claims within this period, his action is not time barred.

Section 1-52(5) provides a three-year limitations period for personal-injury claims.

Mallas v. Kolak · filed 1989-09-13(5)

The statute of limitations in North Carolina for personal injury is three years. N.C.Gen.Stat. § 1-52(5); Sheppard v. Barrus Construction Co., 11 N.C.App. 358, 181 S.E.2d 130 (1971). Because of the noted similarity between Bivens and Section 1983 actions, this court holds that appropriate limitations period is North Carolina’s three-year personal injury statute of limitations.

Section 1-52(16) supplies a three-year limitations period for the personal-injury limitations period applicable to § 1983 claims, running from accrual.

Myers v. Town of Landis · filed 1996-03-22(16)

In North Carolina, such suits must be filed within three years of accrual of the cause of action. N.C.Gen.Stat. § 1-52(16) (1991). Thus, a claim that Myers was transferred from his duties as a mechanic in retaliation for his protected speech would be barred.

Section 1-52(5) provides a three-year limitations period for personal-injury actions, which the court applied to the plaintiff’s federal and state claims.

Perry v. Pamlico County · filed 2015-02-18(5)

Perry’s claims arose in North Carolina, and North Carolina has a three-year statute of limitations for personal injury actions. See N.C. Gen.Stat. §§ 1-52(5), (16). Thus, North Carolina’s three-year statute of limitations governs Perry’s federal claims and her state claims.

A defendant may be equitably estopped from asserting Section 1-52(1)’s three-year limitations defense when its conduct induces the plaintiff to delay filing suit.

Cleveland Construction, Inc. v. Ellis-Don Construction, Inc. · filed 2011-04-05(1)

Having obtained, through third party settlements, funds derived from CCI’s claims, EDCI is equitably estopped from asserting the statute of limitations as a defense to those claims.

For property-damage contract and warranty claims, § 1-52(16) starts the three-year limitations period when physical damage becomes apparent or reasonably should have become apparent, and disputed timing goes to the jury.

Williams v. HOUSES OF DISTINCTION, INC. · filed 2011-06-21(16)

According to N.C. Gen. Stat. § 1-52, actions for breach of contract and breach of warranty are subject to a three-year statute of limitations, with claims arising from damage to the plaintiff’s property beginning to run from the point at which “physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs.” N.C. Gen. Stat. § 1-52 (16).

For negligence claims involving personal injury or physical damage to property, § 1-52(16) sets a three-year limitations period that begins when the harm becomes apparent or reasonably should have become apparent, including when latent physical damage is discovered.

Benigno v. Sumner Constr. · filed 2021-06-15(16)

The applicable statute of limitations for claims involving negligence for personal injury or physical damage to a claimant’s property 2 is three years, which “shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs.”

Section 1-52 starts the limitations period only after the cause of action accrues, and accrual occurs when the injured party is at liberty to sue.

Cedarbrook Residential Ctr. · filed 2024-12-17

The cause of action does not accrue until the injured party is at liberty to sue.

Section 1-52(9) gives a fraud claim a three-year limitations period running from when the injured party discovers, or reasonably should discover, the facts constituting the fraud.

Stunzi v. Medlin Motors, Inc. · filed 2011-08-02(9)

the statute of limitations “on a claim for fraud is three years from the ‘discovery by the aggrieved party of the facts constituting the fraud or mistake,’ N.C. Gen. Stat. § 1-52(9), or from when the fraud reasonably should have been discovered.”

For fraud claims, the three-year limitations period begins when the fraud is discovered or should have been discovered through reasonable diligence.

Krawiec v. Manly · filed 2016-01-22(9)

The three-year statute of limitations for claims based on fraud “‘begins to run from the discovery of the fraud or from the time it should have been discovered in the exercise of reasonable diligence.’” Hyde v. Taylor, 70 N.C. App. 523, 528, 320 S.E.2d 904, 908 (1984) (quoting B-W Acceptance Corp. v. Spencer, 268 N.C. 1, 7, 149 S.E.2d 570, 575 (1966) and N.C. Gen. Stat. § 1-52(9)).

N.C. Gen. Stat. § 1-52(9) starts the three-year limitations period for fraud claims when the aggrieved party discovers the facts constituting the fraud; discovering an injury alone does not trigger the period.

Newton v. Barth · filed 2016-07-19(9)

upon “the discovery by the aggrieved party of the facts constituting the fraud . . . .”

N.C. Gen. Stat. § 1-52(9) starts the limitations period for fraud claims when the aggrieved party discovers the facts constituting the fraud, rather than merely discovering an injury.

Diorio Forest Prods. · filed 2016-07-19(9)

upon “the discovery by the aggrieved party of the facts constituting the fraud . . . .”

Section 1-52(9) gives fraud claims a three-year limitations period that begins when the aggrieved party discovers, or should have discovered through due diligence, the facts constituting the fraud; the court applied that rule to bar the claim.

ELSAYED v. FAMILY FARE LLC · filed 2020-02-18§ 1-52(9)

Under North Carolina law, the statute of limitations for a fraud claim is three years starting from the time of “discovery by the aggrieved party of the facts constituting the fraud.”

Section 1-52(9) gives fraud claims a three-year limitations period that begins when the injured party discovers, or with due diligence should discover, the facts constituting the fraud.

United States v. Ward · filed 1985-09-09(9)

The statute of limitations for a fraud claim arising under North Carolina law is three years after the discovery by the aggrieved party of the facts constituting the fraud. N.C.Gen.Stat. § 1-52(9) (1983). “Discovery” means actual discovery or the time when the fraud should have been discovered in the exercise of due diligence. Fulcher v. United States, 696 F.2d 1073 (4th Cir.1982); Shepherd v. Shepherd, 57 N.C.App. 680, 292 S.E.2d 169 (1982).

For a fraud-based claim under § 1-52(1), the three-year limitations period begins when the fraud is discovered or could reasonably have been discovered.

Ferris v. Haymore · filed 1992-06-09(1)

Western concedes that the three-year period under N.C.Gen.Stat. § 1-52(1) applies to Ferris’ claim under section 20-288(e). ... Nonetheless, we believe that it ultimately applied the correct rule of law. ... North Carolina courts apply the so-called “discovery rule” in causes of action that sound in fraud. ... Therefore, the district court correctly concluded that the statute of limitations for Ferris’ claim against Western began to run at the time of Ferris’ discovery of the fraud or when he reasonably could have discovered the fraud.

Sections 1-52(16) and 1-52(1) impose three-year limitation periods on negligence and breach-of-contract claims, respectively.

Rouse v. Duke University · filed 2012-04-05(16) (1)

In North Carolina, the statute of limitations for a negligence claim is three years. ... The statute of limitations for breach of contract in North Carolina is three years.

Section 1-52(1) imposes a three-year limitations period for breach-of-contract claims; § 1-52(9) imposes a three-year limitations period for fraud claims beginning when the claimant should have discovered the facts constituting the fraud.

Christenbury Eye Ctr., P.A. v. Medflow, Inc. · filed 2015-06-19(1), (9)

North Carolina imposes a three-year statute of limitations for breach of contract claims. N.C. Gen. Stat. § 1-52(1) (2014). ... The statute of limitations governing a fraud claim is three years and begins to run from the time the claimant should have discovered the facts constituting the fraud. N.C. Gen. Stat. § 1-52(9).

Subsection (16) delays accrual for latent personal injuries until the harm becomes apparent, but no cause of action may accrue more than 10 years after the defendant's last act or omission; it does not govern federal accrual rules or non-latent wrongful-incarceration claims.

Canady v. Holder · filed 2021-07-08(16)

This provision governs the date on which a cause of action accrues. ... In consequence, North Carolina General Statute § 1-52(16), as an accrual provision, does not govern plaintiff’s § 1983 claims. ... Section 1–52(16) appears plainly to apply to some—but not all—personal injury claims. Specifically, it appears to apply to that set of personal injuries for which bodily harm to the claimant . . . becomes apparent at some point in time after the injury; that is, it applies to latent injuries. ... For all these reasons, the court finds that the statute of repose set forth in North Carolina General Statute § 1-52(16) does not apply to plaintiff’s state law claims, and defendants’ motions are denied in this part.

Section 1-52(16) applies a discovery rule under which a bodily-injury claim accrues when the claimant's bodily harm becomes apparent or reasonably should have become apparent, including for latent injuries.

BOND v. JOHNSON & JOHNSON · filed 2021-12-21(16)

The cause of action accrues when “bodily harm to the claimant . . . becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs.” N.C. Gen. Stat. § 1-52(16). As such, North Carolina applies the “discovery rule,” which is “intended to apply to plaintiffs with latent injuries.”

Subsection 16 delays accrual of claims for personal injury or physical property damage until the harm becomes apparent, but permits no accrual more than 10 years after the defendant’s last act or omission.

Robinson v. Wadford · filed 2012-09-04(16)

Unless otherwise provided by statute, for personal injury or physical damage to claimant’s property, the cause of action, except in causes of actions referred to in G.S. l-15(c), shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs. Provided that no cause of action shall accrue more than 10 years from the last act or omission of the defendant giving rise to the cause of action.

For personal-injury or physical-damage claims, the three-year limitations period begins when bodily harm or property damage becomes apparent or reasonably should have become apparent, whichever occurs first.

Florentz v. Gore · filed 2014-06-17(16)

Unless otherwise provided by statute, for personal injury or physical damage . . . referred to in G.S. 1-15(c), shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs.

The discovery rule delays accrual for claims involving personal injury or physical damage to property until the harm becomes apparent or reasonably should have become apparent, subject to a ten-year outer limit; it does not apply without bodily harm or physical damage to property.

Birtha v. Stonemor, North Carolina, LLC · filed 2012-05-01§ 1-52(16)

N.C.G.S. § 1-52(16) establishes what is commonly referred to as the discovery rule, which tolls the running of the statute of limitations for torts resulting in certain ...

Section 1-52(16) gives three years to bring claims for personal injury or physical property damage, with accrual when the harm becomes apparent or reasonably should have become apparent.

Upchurch v. Harp Builders · filed 2022-05-03(16)

The cause of action in such cases begins to accrue when bodily harm to the claimant or physical damages to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs.

Before the SAFE Child Act, § 1-52(16) imposed a ten-year statute of repose on child-sexual-abuse claims, and the Act amended § 1-52 to exempt those claims from that repose period.

John Doe 1K v. Roman Catholic Diocese of Charlotte · filed 2022-05-03(16)

Section 4.2(a) amends this statute of repose by expressly exempting claims related to child sexual abuse from its scope.

N.C. Gen. Stat. § 1-52(1) provides a three-year limitations period for a claim alleging breach of the implied duty of good faith and fair dealing, running from accrual.

Sun Hotel, Inc. v. SummitBridge Credit Investments III, L.L.C. · filed 2013-01-23(1)

Under North Carolina law, a breach of the implied duty of good faith and fair dealing is subject to a three year statute of limitations. N.C. Gen. Stat. § 1-52(1) (2012); ... The statute begins to run when the cause of action accrues.

Section 1-52(1) imposes a three-year statute of limitations on breach-of-contract claims, running independently for each payment installment as it comes due.

Barton College v. Aramark Management Services Limited Partnership · filed 2020-03-02(1)

North Carolina, whose law the parties do not dispute applies here, imposes a ee year statute of limitations for breach of contract claims. N.C. Gen. Stat. § 1-52(1); ... For claims arising from contracts which contemplate a continuum of payments, the statute of limitations runs independently against each payment installment as it comes due.

Section 1-52(1) gives a three-year limitations period for breach-of-contract claims, accruing when the claimant has notice of the breach.

Staffing Advantage, L.L.C. v. Definitive Staffing Solutions, Inc. · filed 2021-06-14(1)

N.C. Gen. Stat. § 1-52(1) generally requires a litigant to bring a breach-of-contract claim within three years of the time that the claim accrues, which North Carolina courts have said takes place when the claimant has “notice of the breach[.]”

Section 1-52 imposes a three-year statute of limitations on negligence actions.

Nirav Ingredients, Inc. v. Wells Fargo Bank, N.A. · filed 2021-07-09§ 1-52

Under N.C. Gen. Stat. § 1-52, the statute of limitations for a negligence action is three years.

Section 1-52(5) gives professional-negligence, ordinary-negligence, and intentional-infliction-of-emotional-distress claims a three-year filing deadline.

Russe v. UHS-Pruitt Holdings, Inc. · filed 2023-02-13(5)

N.C. Gen. Stat. § 1-52(5) (claims for professional and ordinary negligence as well as intentional infliction of emotional distress must be filed within three years)

Section 1-52(9) gives three years to bring a mistake-based claim, measured from when the aggrieved party discovers the facts constituting the mistake.

Foxx v. Davis · filed 2023-07-05(9)

Under N.C. Gen. Stat. § 1-52, an action for relief on the ground of mistake must be brought within three years of “the discovery by the aggrieved party of the facts constituting the . . . mistake.”

Section 1-52(16) supplies a three-year statute of limitations for § 1983 claims arising in North Carolina by borrowing the period for personal injury actions.

Murdock v. Ingram · filed 2024-06-25(16)

Section 1983 claims arising in North Carolina are governed by the three-year period for personal injury actions. See N.C. Gen. Stat. § 1-52(16)

Section 1-52(1) requires a breach-of-contract claim to be filed within three years after the cause of action accrues.

HAQ v. ADORA MANUFACTURING INC. · filed 2024-09-13(1)

Under North Carolina law, a claim for breach of contract must be brought within three years after the cause of action accrues. N.C. Gen. Stat. § 1-52(1).

N.C. Gen. Stat. § 1-52(d) provides a three-year limitations period for invasion-of-privacy torts such as misappropriation.

Valencia v. Midnite Rodeo, LLC · filed 2024-09-24(d)

The applicable statute of limitations for invasion of privacy torts, such as misappropriation, is three years. Losing v. Food Lion, L.L.C., 185 N.C. App. 278, 284, 648 S.E.2d 261, 265 (2007) (citing N.C. Gen. Stat. § 1-52(d)).

Section 1-52(1) generally requires contract actions to be filed within three years, unless a preceding statute—such as § 1-47(2) for sealed instruments—governs.

Davis v. Woodlake Partners, LLC · filed 2013-10-15(1)

According to N.C. Gen. Stat. § 1-52(1), “an action upon a contract, ... express or implied, except those mentioned in the preceding sections or in [N.C. Gen. Stat.] § 1-53(1),” must be brought “within three years.”

Section 1-52(1) gives three years to bring a contract action, and the period begins when the contract is breached rather than when the plaintiff discovers the breach.

Flexible Foam Products, Inc. v. Vitafoam Inc. · filed 2013-10-30(1)

In North Carolina, a cause of action “[u]pon a contract, obligation or liability arising out of a contract, express or implied,” must be commenced within three years. N.C. Gen. Stat. § 1-52(1).

Section 1-52(1) imposes a three-year statute of limitations on breach-of-contract claims; the court held GHYC's counterclaims time-barred when filed more than three years after the last possible breach.

Warrender v. Gull Harbor Yacht Club, Inc. · filed 2013-08-06(1)

The statute of limitations for a breach of contract claim is three years. N.C. Gen. Stat. § 1-52(1) (2011).

The three-year limitation in § 1-52(1) applies to obligations or liabilities arising from express or implied contracts; equitable reimbursement claims do not fall under it.

Lawrence v. Lawrence · filed 2020-01-21(1)

N.C. Gen. Stat. § 1-52(1) provides a three-year statute of limitations to an action upon any “obligation or liability arising out of a contract, express or implied.”

Subsection (1) supplies a three-year limitations period for contract actions, generally beginning when the breach gives rise to the claim.

Steve Marchionda & Associates v. Weyerhauser Co. · filed 1998-07-13(1)

I therefore conclude that, pursuant to the terms of the contract, this action is governed by North Carolina law, and therefore by the three-year statute of limitations for contract actions contained in N.C. Gen.Stat. § 1-52(1). The issue, therefore, is when that period commenced to run. Under North Carolina law, statutes of limitations generally do not begin to run until the claim accrues. ... A cause of action for breach of contract accrues at the time of the breach that gave rise to the right of action.

Section 1-52(9) gives fraud-or-mistake claims a three-year limitations period that accrues when the aggrieved party discovers, or should discover through reasonable diligence, the facts constituting the fraud or mistake.

Brissett v. First Mount Vernon Industrial Loan Ass'n · filed 2014-04-01(9)

N.C. Gen. Stat. § 1-52(9) provides that actions for “relief on the ground of fraud or mistake” must be brought within three years. N.C. Gen. Stat. § 1-52(9)(2013). Yet, “the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.” Id.