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CATES v. WILSON

No. 24PA87.

361 S.E.2d 734 (1987)

321 N.C. 1

Morgan Reed CATES, by his Guardian ad litem, Wachovia Bank & Trust Company, N.A.; and Joyce Reed Cates, Individually v. Stanley C. WILSON; Jeffrey A. Todd; and Stanley C. Wilson and Jeffrey A. Todd, a Partnership.

Supreme Court of North Carolina.

November 5, 1987.

Attorney(s) appearing for the Case

Henson, Henson, Bayliss & Coates by Perry C. Henson and Jack B. Bayliss, Jr., Greensboro, for defendant-appellant.

Clark & Wharton by David M. Clark and John R. Erwin, Greensboro, Colson, Hicks & Eidson by Mike Eidson, Miami, Fla., for plaintiff-appellee.

Petree, Stockton & Robinson by J. Robert Elster, Winston-Salem, amicus curiae.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by James D. Blount, Jr., and William H. Moss, Raleigh, for North Carolina Medical Soc., amicus curiae.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Robert M. Clay, Susan K. Burkhart and Theodore B. Smyth, Raleigh, for North Carolina Association of Defense Attorneys, amicus curiae.

Harris, Bumgardner & Carpenter by Nancy C. Northcott and Don H. Bumgardner, Gastonia, for North Carolina Academy of Trial Lawyers, amicus curiae.

EXUM, Chief Justice.

This is a medical malpractice action. The questions presented are whether evidence was admitted at trial in violation of (1) the collateral source rule and (2) the physician-patient privilege. The Court of Appeals concluded evidence was improperly admitted on both counts and ordered a new trial. We disagree with the Court of Appeals' conclusion that the physician-patient privilege was violated; but we agree that evidence was admitted in violation...

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