CALLAHAN v. ROGERS

No. 8729SC340.

365 S.E.2d 717 (1988)

Flossie S. CALLAHAN v. H.R. ROGERS.

Court of Appeals of North Carolina.

March 15, 1988.


Attorney(s) appearing for the Case

Swain, Stevenson and Freeman, P.A. by Joel B. Stevenson, Asheville, for plaintiff-appellant.

Dameron and Burgin by Charles E. Burgin, Marion, for defendant-appellee.


JOHNSON, Judge.

Plaintiff contends that the trial court erred in granting defendant's motion to dismiss her action based on the three-year statute of limitations, where the evidence tended to show that plaintiff filed the action pursuant to the continued course of treatment exception. We agree.

When the trial court granted defendant's motion to dismiss, it also considered plaintiff's pre-trial deposition, in addition to the pleadings. Thus, defendant's motion...

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