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BYRD v. HANCOCK

No. 8611SC1317.

358 S.E.2d 557 (1987)

Frederick BYRD v. Dr. Richard P. HANCOCK.

Court of Appeals of North Carolina.

August 4, 1987.

Attorney(s) appearing for the Case

Bryan, Jones, Johnson & Snow by Robert C. Bryan, Dunn, for plaintiff appellant-appellee.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by James G. Billings and Susan M. Parker, Raleigh, for defendant appellee-appellant.

PHILLIPS, Judge.

In ordering partial summary judgment for defendant the trial judge ruled that "any claim for any acts or omissions which occurred prior to 22 August 1982" (three years before suit was filed) is barred by G.S. 1-15(c). The ruling is erroneous. G.S. 1-15(c) provides that except where otherwise provided by statute, the statute of limitations for medical malpractice actions is three years and the cause of action...

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