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Dickens v. Puryear
Citations: 263 S.E.2d 856; 45 N.C. App. 696; 1980 N.C. App. LEXIS 2710Docket: 7910SC721
Court: Court of Appeals of North Carolina; March 18, 1980; North Carolina; State Appellate Court
The Court of Appeals of North Carolina addressed the summary judgment in favor of defendants Earl V. Puryear and Ann Brewer Puryear, determining that the plaintiff, James Robert Dickens, was barred from bringing his claim due to the one-year statute of limitations for assault and battery under G.S. 1-54(3). Although the defendants did not plead the statute of limitations in their answer, it was argued during the summary judgment proceedings, and both parties were aware of the defense, allowing the court to consider it. The plaintiff's claim, filed over a year after the incident, was argued to be for intentional infliction of emotional distress, which would fall under a three-year statute of limitations (G.S. 1-52(5)). However, the complaint detailed a conspiracy by the defendants to lure Dickens to an isolated location where severe emotional distress was inflicted upon him, satisfying the criteria for assault and battery. The court affirmed that the claim was time-barred, emphasizing that the nature of the complaint and actions described aligned with assault and battery rather than emotional distress. The Defendants, along with four masked accomplices, engaged in intentional and malicious conduct aimed at causing the Plaintiff severe emotional distress, fully aware that their actions would likely result in such harm. As a direct consequence, the Plaintiff experienced significant emotional distress, physical injuries, and an inability to work, leading to substantial damages. The Plaintiff's claim, although labeled as intentional infliction of emotional distress, is more accurately characterized as assault and battery. Testimony reveals that Defendant Earl V. Puryear threatened the Plaintiff with a knife while making explicit threats of physical harm, which qualifies as intentional harmful contact and an immediate threat rather than a future threat. Furthermore, the legal framework dictates that claims of assault and battery are subject to specific statutes of limitations, regardless of how the tort is labeled. Mental distress is recognized as a resultant factor in assault and battery claims but does not constitute a separate tort. Thus, the court affirmed that the Plaintiff's claim falls under assault and battery, and mental distress serves to enhance the damages recoverable within that context.