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WARREN v. CANAL INDUSTRIES, INC.

No. 824SC375.

300 S.E.2d 557 (1983)

Joseph E. WARREN, Sr., Administrator for the Estate of Joe E. Warren, Jr. v. CANAL INDUSTRIES, INC., Kenneth Campbell, Sampson County Memorial Hospital, Inc., Mavis McLamb, R.N., Clinton Surgical Clinic, P.A. and Bruce F. Caldwell, M.D.

Court of Appeals of North Carolina.

March 15, 1983.

Attorney(s) appearing for the Case

Holland, Poole & Newman, P.A. by B.L. Poole, Clinton, and Blanchard, Tucker, Twiggs, Denson & Earls, P.A. by Irvin B. Tucker, Jr., Raleigh, for plaintiff-appellant.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by Samuel G. Thompson and Robin K. Vinson, Raleigh, for defendants-appellees.

WELLS, Judge.

By his assignments of error, plaintiff contends that the trial judge erred in sustaining defendants' objection to a hypothetical question asked to plaintiff's expert medical witness and that, had the witness been allowed to answer the question, plaintiff would have presented sufficient evidence of Dr. Caldwell's negligence to avoid a directed verdict and have his case submitted to the jury. We agree and reverse...

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