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Lynn v. Burnette6/20/2000
prior action involving an insurance company claim, that he did not believe the shooting had been intentional. The plaintiff sued in negligence as the one-year statute of limitations for a battery claim had expired. Our Court held the action was not barred because there was a question of whether defendants were negligent. Id. at 372, 517 S.E.2d at 669.
In the case before us, viewing the evidence in the light most favorable to plaintiff, see Coats, 63 N.C. App. at 154, 303 S.E.2d at 657, defendant Burnette intended to shoot at the tire on plaintiff's vehicle but pulled the trigger before she had properly aimed, causing the bullet to strike plaintiff, similar to Vernon and Key, and as argued in Dowdy. Although Dowdy is distinguishable where the parties disagreed upon the facts of that case, Vernon and Key allow plaintiff in this case to sue defendant in negligence.
Thus, plaintiff may rely upon the three-year statute of limitations for personal injury . See N.C. Gen. Stat. ยง 1-52 (16) (1999). The trial court's summary judgment in favor of defendant Burnette is reversed and the case is remanded for trial.
Reversed and remanded.
Judges WALKER and EDMUNDS concur.
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