Winston v. LIVINGSTONE COLLEGE, INC.
210 N.C. App. 486
| N.C. Ct. App. | 2011Background
- Winston, director of plant operations at Livingstone College, reported boiler violations to defendants and was terminated on 25 October 2006.
- Winston obtained an order on 26 October 2009 extending the time to file a wrongful discharge claim under Rule 3 of the NC Rules of Civil Procedure.
- The complaint asserting wrongful discharge in violation of public policy was filed on 13 November 2009.
- Defendants moved for summary judgment on 3 February 2010, arguing the claim was time-barred by a three-year statute of limitations for tort actions.
- The trial court granted summary judgment on 24 May 2010, holding the action untimely under the three-year period, and Winston appealed.
- North Carolina Rule 6(a) provides how time is computed, including extensions when the period ends on a Sunday or holiday; the end of the limitations period extended to the following business day.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the wrongful discharge claim was timely under the three-year statute. | Winston argues the end of the period fell on a Sunday and extended to Monday under Rule 6(a). | Livingstone contends the action was time-barred because the last day was 25 October 2009. | The action was timely; Rule 6(a) extension applied and reversed the summary judgment. |
| Proper computation of time under Rule 6(a) for a Sunday-ending period. | Extension to next business day (26 October 2009) made the filing timely. | The Sunday end did not render the filing timely without the extension. | Rule 6(a) extension doctrine applied; the filing on 13 November 2009 was timely within the extension period. |
Key Cases Cited
- Pearson v. Nationwide Mut. Ins. Co., 325 N.C. 246, 382 S.E.2d 745 (1989) (time computation when period ends on weekend or holiday)
- Seafare Corp. v. Trenor Corp., 88 N.C.App. 404, 363 S.E.2d 643 (1988) (extension of time when courthouse closed)
- In re Underwood, 38 N.C.App. 344, 247 S.E.2d 778 (1978) (time computations under Rule 6)
- Kinlaw v. Norfolk S. Ry. Co., 269 N.C. 110, 152 S.E.2d 329 (1967) (multiyear limitation period extensions)
- Hardbarger v. Deal, 258 N.C. 31, 127 S.E.2d 771 (1962) (extension of limitations period when end falls on Sunday or holiday)
- In re H.T., 180 N.C.App. 611, 637 S.E.2d 923 (2006) (application of Rule 6 to time computations)