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RUCKER v. HIGH POINT MEMORIAL HOSPITAL, INC.

No. 81.

206 S.E.2d 196 (1974)

285 N.C. 519

Burt E. RUCKER v. HIGH POINT MEMORIAL HOSPITAL, INC., and Horace Henry Stovall, M.D.

Supreme Court of North Carolina.

July 1, 1974.

Attorney(s) appearing for the Case

Schoch, Schoch, Schoch & Schoch by Arch Schoch, Jr., High Point, and Ellis I. Kahn, Charleston, S.C., for plaintiff-appellee.

Sapp & Sapp by Armistead W. Sapp, Jr., Greensboro, for defendant-appellant High Point Memorial Hospital, Inc.

Perry C. Henson and Sammy R. Kirby, Greensboro, for defendant-appellant Horace Henry Stovall, M.D.

W. C. Harris, Jr. and Randolph L. Worth, Raleigh, for North Carolina Hospital Association, amicus curiae.

HIGGINS, Justice.

We agree with the conclusion of the North Carolina Court of Appeals that a new trial should be awarded in this case. However, we are of the opinion that the trial court committed error in excluding from the jury the testimony of Dr. Levy. Dr. Levy admitted that he was not familiar with the facilities of the defendant hospital and was not familiar with the members of its staff or with their qualifications...

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