Trusts & Estates – Civil Practice – Venue – Tort/Negligence – Medical MalpracticeEstate of Davis v. Groff As administrator of the decedent’s estate, plaintiff was entitled to bring suit in the county where he resides. This rule of law, which was set down by our Supreme Court in Trust Co. v. Finch, 232 N.C. 485, 61 S.E.2d 377 (1950), was not and could not be changed by this court’s holding in Roberts v. Adventure Holdings, LLC, 703 S.E.2d 784 (2010), disc. review denied, 365 N.C. 187, 707 S.E.2d 241 (2011). Furthermore, although Roberts held that a guardian ad litem’s residence was insufficient to justify venue, the court also explained that the law regarding administrators and other fiduciaries did not apply to GALs.
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Published: February 15, 2012
Time posted: 10:55 am
Tags: Civil Practice, Medical Malpractice, Tort/Negligence, trusts & estates, venue