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TURNER v. DUKE UNIVERSITY

No. 8814SC191.

372 S.E.2d 320 (1988)

91 N.C. App. 446

Richard D. TURNER, Administrator of the Estate of Jane L. Turner, Plaintiff v. DUKE UNIVERSITY, Private Diagnostic Clinic, and Allan H. Friedman, M.D., Defendants.

Court of Appeals of North Carolina.

October 4, 1988.

Attorney(s) appearing for the Case

Jernigan & Maxfield by Leonard T. Jernigan, Jr. and John A. Maxfield, Raleigh, for plaintiff.

Newsom, Graham, Hedrick, Bryson & Kennon by E.C. Bryson, Jr. and Joel M. Craig, Durham, for defendants Private Diagnostic Clinic and Allan H. Friedman, M.D.

Yates, Fleishman, McLamb & Weyher by Beth R. Fleishman and Barbara B. Weyher, Raleigh, for defendant Duke University.

SMITH, Judge.

I.

Plaintiff brings forth two assignments of error. Plaintiff first contends that Judge Barnette erred in denying his pre-trial motion to strike the notice of depositions of Dr. Rudolph Schereer in Florida and Dr. Robert Havard in California and in failing to impose mandatory sanctions under G.S. 1A-1, Rule 11 and Rule 26. Specifically, plaintiff contends: that Duke knew for months before trial of the existence of Dr. Havard, an alleged key...

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