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McPHERSON v. ELLIS

No. 147A81.

287 S.E.2d 892 (1982)

Janet Christine McPHERSON v. Guy T. ELLIS.

Supreme Court of North Carolina.

March 3, 1982.

Attorney(s) appearing for the Case

Wade & Carmichael by J. J. Wade, Jr. and R. C. Carmichael, Jr:, Charlotte, for plaintiff-appellant.

Harrell & Leake by Larry Leake, Asheville, for defendant-appellee.

MITCHELL, Justice.

The plaintiff first assigns as error the Court of Appeals' holding that the trial court properly instructed the jury that it could consider the relative percentage chance of paralysis in determining whether Dr. Ellis had the duty to inform the plaintiff of the risk of paralysis when all of the medical expert testimony indicated that Dr. Ellis did have such a duty.1

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