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OSBORNE v. ANNIE PENN MEMORIAL

No. 8817SC623.

381 S.E.2d 794 (1989)

Angel L. OSBORNE, A Minor, by her General Guardian, Helen O. WILLIAMS v. ANNIE PENN MEMORIAL HOSPITAL, INC., Rosemary M. Martin, Executrix of the Estate of Donion M. Martin; Bonnie A. Robertson; and Frank LeWand.

Court of Appeals of North Carolina.

August 15, 1989.

Attorney(s) appearing for the Case

Bailey & Dixon by Gary S. Parsons and Alan J. Miles, Raleigh, and Narron, Holdford, Babb, Harrison & Rhodes, P.A. by William H. Holdford, Jr., Wilson, for plaintiff-appellant.

Poyner & Spruill by Susanne F. Hayes and Mary Beth Johnston, Raleigh, for defendant-appellees Annie Penn Memorial Hosp. and Bonnie A. Robertson.

Newsom, Graham, Hedrick, Bryson & Kennon by Lewis A. Cheek, Durham, for defendant-appellee Rosemary M. Martin, Ex'r of the Estate of Donion M. Martin.

ORR, Judge.

This case was initiated by Helen O. Williams, guardian of Angel Osborne, a minor. The evidence tended to show that on 10 February 1978, Linda Faye Osborne was admitted to Annie Penn Memorial Hospital for delivery of a baby. Despite the fact that she was in active labor, Ms. Osborne was provided with a sandwich by a hospital nurse, sometime after her admission.

When plaintiff's mother was ready to give birth, she was taken to a preoperative examination...

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