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Keech v. Hendricks12/29/2000
defendant said anything to establish defendant's state of mind at the time. Yet plaintiff relinquished his right to any remedy in criminal court, based solely on defendant's assertion that he had no criminal intent.
Therefore, in applying the law to the facts of this case, we hold that "it would be against the principles of equity and good conscience" to disallow plaintiff from asserting equitable estoppel against defendant while allowing defendant to assert a statute of limitations defense or, in the alternative, intent as a defense to plaintiff's negligence claim. Transit, Inc. v. Casualty Co., 285 N.C. 541, 550, 206 S.E.2d 155, 161 (1974). We note however, that our holding by no means is intended to say that as a matter of law the defendant is equitably estopped from asserting the statute of limitations as a defense. Instead, we find that because "the evidence raises a permissible inference that the elements of equitable estoppel are present, but [also raises] other inferences contrary evidence, estoppel [in this case] is a question of fact for the jury, upon proper instructions from the trial court." Creech, 347 N.C. at 528, 495 S.E.2d at 913.
We urge the General Assembly to re-examine the one-year statute of limitations for intentional torts and determine whether it is in the interest of justice to have a one-year statute of limitations for an "intentional" act yet, conversely, a three-year statute of limitations for a "negligent" act. The shorter statute of limitations for the intentional tort is often a trap for laymen and lawyers alike. What is even more confusing is that very often the act resulting in harm (as in the case sub judice) is difficult to categorize; and we know that rarely, if ever, will a defendant assert that his act was intentional before the one-year statute of limitations has run on the intentional tort. The interest of justice may be better served by having a three- year statute of limitations for both torts.
Nevertheless, having held that there is a question of material fact with regard to the present defendant's intent and as to whether equitable estoppel applies, we hold that summary judgment was improper and the trial court erred in granting it. Therefore, we reverse and remand to the superior court for trial.
Reversed and remanded.
Judges LEWIS and WALKER concur.
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