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HOWARD v. PIVER

No. 804SC979.

279 S.E.2d 876 (1981)

Linda L. HOWARD, Guardian ad Litem for Eula B. Cauley v. James D. PIVER and Onslow Hospital Authority.

Court of Appeals of North Carolina.

July 7, 1981.

Attorney(s) appearing for the Case

Grover C. McCain, Jr., and Archbell & Cotter by James B. Archbell, Durham, for plaintiff-appellant.

Marshall, Williams, Gorham & Brawley by Daniel Lee Brawley, Wilmington, for defendant-appellee Piver.

Harris, Cheshire, Leager & Southern by W. C. Harris, Jr., Raleigh, for defendant-appellee Onslow Hospital Authority.

BECTON, Judge.

The trial court's refusal to allow opinion testimony by plaintiff's expert witness, Dr. Paul T. Frantz, is the principal and pivotal issue in this case.4 Its resolution is dispositive of the directed verdict granted in favor of Dr. Piver.

Plaintiff sought, through the opinion testimony of Dr. Frantz, to establish that Dr. Piver was negligent. Dr. Frantz testified5 first that he was familiar...

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