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SCHELL v. COLEMAN

No. 8229SC1291.

308 S.E.2d 662 (1983)

Edward R. SCHELL v. James C. COLEMAN, Don H. Garren, and Peerless Insurance Company, Inc. a corporation.

Court of Appeals of North Carolina.

November 15, 1983.

Attorney(s) appearing for the Case

Lentz, Ball & Kelley by Ervin L. Ball, Jr., and Herbert L. Hyde, Asheville, for plaintiff-appellant.

Womble, Carlyle, Sandridge & Rice by H. Grady Barnhill, Jr., William C. Raper, and Michael E. Ray, and Petree, Stockton, Robinson, Vaughn, Glaze & Maready by Norwood Robinson, Winston-Salem, for defendant-appellee James C. Coleman.

HILL, Judge.

We first address the merits of Coleman's cross-assignment of error by which he argues the trial court erred in failing to dismiss plaintiff's action on the basis of the flagrant violation of Rule 8(a)(2) and the resulting adverse publicity. Rule 8(a)(2) states, in relevant part:

[I]n all professional malpractice actions... wherein the matter in controversy exceeds ... ten thousand dollars ($10,000), the pleading shall not state the demand for...

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