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Brisson v. Santoriello5/5/2000
ss v. Wayne County DSS, 347 N.C. 371, 378, 493 S.E.2d 428, 433 (1997). In the instant case, the General Assembly has enacted a specific statute which provides for an extension of the statute of limitations in medical malpractice actions. Rule 41(a)(1) is a general statute affecting many types of civil actions. While I acknowledge the majority's attempt to harmonize the provisions as we are bound to do, I believe the result the majority has reached is "repugnant" because of its extension of the statute of limitations beyond that for which the General Assembly has already provided.
For the reasons stated, I dissent.
Justice LAKE joins in this dissenting opinion.
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