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Simpson v. McConnell6/4/2002
58-63-15 (2001). We note that in their respective briefs on appeal neither defendant-appellee, Kevin McConnell nor defendant- appellee, Nationwide addressed the claim of unfair or deceptive trade practices. The statute of limitations for a cause of action alleging unfair or deceptive trade practices is four years. N.C.G.S. § 75-16.2 (2001). Plaintiff filed his complaint within four years of the accident giving rise to this cause of action; thus, the statute of limitations for unfair or deceptive trade practices would not have expired. The administrator was appointed on 30 March 2000. N.C.G.S. § 28A-19-3(b)(2) required plaintiff to present his claims to the personal representative within six months after the date on which the claim arose. Plaintiff filed this complaint just over a month after the appointment of the administrator. We note that the accrual of the cause of action and the appointment of the administrator are two different things. However, as the Ragan Court stated, "Plaintiffs' pursuit of their claim . . . more than two years after the claim arose, had noadverse impact on the timeliness of the administration of the decedent's estate, since no one had been appointed to administer the estate." Ragan, 337 N.C. at 673, 447 S.E.2d at 375. We therefore hold that the trial court erred in dismissing Plaintiff's claim against Nationwide for unfair or deceptive trade practices based on the expiration of the statute of limitations.
III. Breach of Contract
Plaintiff also alleged breach of contract in his complaint. However, because plaintiff failed to cite to any authority in his brief in support of his claim, this argument is deemed abandoned. See N.C. R. App. P. 28(b)(5).
IV. Conclusion
We hold that the trial court did not err in dismissing plaintiff's negligence claim, but erred in dismissing plaintiff's unfair or deceptive trade practices claim.
AFFIRMED IN PART, REVERSED IN PART AND REMANDED.
Judges McGEE and HUNTER concur.
Report per Rule 30(e).
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