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ST. PAUL FIRE & MARINE INSURANCE CO. v. FREEMAN-WHITE ASSOCIATES

No. 8626SC1240.

358 S.E.2d 99 (1987)

ST. PAUL FIRE & MARINE INSURANCE COMPANY and Charlotte-Mecklenburg Hospital Authority, Plaintiffs, v. FREEMAN-WHITE ASSOCIATES, INC. and William Funderburk, Defendants, and Third-Party Plaintiffs, v. McCARTHY BROTHERS COMPANY, Third-Party Defendant.

Court of Appeals of North Carolina.

July 21, 1987.

Attorney(s) appearing for the Case

Yates, Fleishman, McLamb & Weyher by Barbara B. Weyher and Gary R. Poole, Raleigh, for plaintiffs.

Griffin, Cochrane & Marshall by John Dean Marshall, Jr., Luther P. Cochrane and Jeanette R. Hait, Atlanta, and Jones, Hewson & Woolard by Robert G. Spratt, III, Charlotte, for defendants.

WELLS, Judge.

It seems apparent from the briefs of the parties that there is little question that plaintiffs' complaint, on its face, sets forth a valid claim for relief against defendants for negligence in the performance of their professional duties owed to plaintiffs. The complications in the case arise out of the provisions of contract documents attached to and incorporated in the complaint. The order of the trial court allowing defendants' N.C.Gen.Stat. 1A-1...

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