ROBINSON v. DUSZYNSKI

No. 773SC455.

243 S.E.2d 148 (1978)

Ronald ROBINSON, Administrator of the Estate of Doris V. Robinson v. Dr. Arnold DUSZYNSKI, Sea Level Hospital, Duke University Medical Center and Duke University, Inc.

Court of Appeals of North Carolina.

April 18, 1978.


Attorney(s) appearing for the Case

McNeill, Graham, Coyne & Kirkman by Kenneth M. Kirkman, Morehead City, for plaintiff.

Wheatly, Mason, Wheatly & Davis by Warren J. Davis, Beaufort, and Smith, Anderson, Blount & Mitchell by James D. Blount, Jr., Raleigh, for defendant Dr. Arnold J. Duszynski.

Newsom, Graham, Strayhorn, Hedrick, Murray, Bryson & Kennon by E. C. Bryson, Jr., Durham, for defendant Duke University.


MARTIN, Judge.

The sole question before this Court is whether the trial court erred in granting summary judgment dismissing plaintiff's claim for punitive damages against the respective defendants.

Under the provisions of Rule 56 of the North Carolina Rules of Civil Procedure, the party moving for summary judgment has the burden of clearly establishing that there is no genuine issue as to any material fact and that as a result, he is entitled to a judgment...

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