YORK v. NORTHERN HOSP. DIST.

No. 8817SC1422.

386 S.E.2d 99 (1989)

96 N.C. App. 456

Matthew Howard YORK, By and Through His General Guardian, Shirley C. YORK v. NORTHERN HOSPITAL DISTRICT OF SURRY COUNTY; Richard R. Guidetti, M.D. and Piedmont Anesthesia Associates, P.A.

Court of Appeals of North Carolina.

December 5, 1989.


Attorney(s) appearing for the Case

Daniel J. Park, Elkin, for plaintiff-appellant.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by James G. Billings and John D. Madden, Raleigh, for defendants-appellees.


WELLS, Judge.

Summary judgment should be granted when there is no genuine issue of material fact requiring a trial and one party is entitled to judgment as a matter of law. N.C. Gen.Stat. § 1A-1, Rule 56 (1983). These defendants are entitled to summary judgment if the pleadings and other materials before the court show that the judgment in the prior action between Mr. and Mrs. York and the defendants is binding on the issue of defendants' liability in this case...

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