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BRANKS v. KERN

No. 662PA86.

359 S.E.2d 780 (1987)

320 N.C. 621

Karen Clodfelter BRANKS v. Dr. Paul KERN and Animal Emergency Clinic, P.A.

Supreme Court of North Carolina.

September 3, 1987.

Attorney(s) appearing for the Case

C. David Gantt, Asheville, for plaintiff-appellee.

Van Winkle, Buck, Wall, Starnes and Davis, P.A. by Russell P. Brannon and Michelle Rippon, Asheville, for defendant-appellant Kern.

Harrell and Leake, P.A. by Larry Leake, Asheville, for defendant-appellant Animal Clinic.

FRYE, Justice.

Plaintiff sued her veterinarian after she was bitten by her own cat while it was being treated by the veterinarian. The Court of Appeals held that plaintiff had shown a sufficient forecast of evidence to enable a jury to find that the veterinarian violated a duty of due care to the plaintiff. We disagree and reverse the Court of Appeals' decision.

The plaintiff in the instant case owned a cat named Sam. Sam suffered from feline urethral syndrome...

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