SHAW v. MINTZ

Estates — negligence claim — personal representative not appointed — statute of limitations

The decision of the Court of Appeals in this case that a negligence claim against decedent's estate arising from an automobile accident would be barred by the statute of limitations is reversed for the reasons stated in the dissenting opinion in the Court of Appeals that N.C.G.S. §§ 1-22 and 28A-19-3 do not require a personal representative to be appointed before the plaintiff is entitled to a section 1-22 suspension of the statute of limitations.

PER CURIAM.

For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals.

REVERSED.