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WILKIE BY WILKIE v. HOKE

No. C-C-84-690-M.

609 F.Supp. 241 (1985)

Lisa WILKIE, a minor, by Betty WILKIE, Guardian ad Litem, Plaintiff, v. Harold R. HOKE, M.D., Defendant.

United States District Court, W.D. North Carolina, Charlotte Division.

May 21, 1985.

Attorney(s) appearing for the Case

Paul R. Hibbard, Johnson, Smith, Hibbard, Cleveland, Wildman & Dennis, Spartanburg, S.C., for plaintiff.

John B. Duggan, Ronald W. McKinney, Edwards, Duggan and Reese, Greer, S.C., William H. Elam, Elam, Seaford, McGinnis & Stroud, Charlotte, N.C., and Louis L. Lesesne, Gillespie & Lesesne, Charlotte, N.C., for defendant.

McMILLAN, District Judge.

Plaintiff is suing to recover for damages allegedly suffered as a result of negligence of the defendant in performing an abortion on her on April 16, 1983. At that time plaintiff was fourteen years old.

Defendant has moved to dismiss the complaint or refer the matter to arbitration. The basis for the motion is a provision of the informed consent agreement signed by plaintiff which provides that:

If such a claim (against defendant...

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