STALLINGS v. GUNTER

No. 8927SC1251.

394 S.E.2d 212 (1990)

99 N.C. App. 710

Shirley S. STALLINGS, v. Jerry M. GUNTER, Jerry M. Gunter, D.D.S., P.A., A Professional Corporation, Roy William Kelly, Jr., Roy William Kelly, Jr., D.D.S., P.A., A Professional Corporation.

Court of Appeals of North Carolina.

August 7, 1990.


Attorney(s) appearing for the Case

Kelso & Ferguson by Lloyd T. Kelso, Gastonia, for plaintiff-appellant.

Kennedy Covington Lobdell & Hickman by James P. Cooney III, Charlotte, for defendant-appellees Roy William Kelly, Jr. and Roy William Kelly, Jr., D.D.S., P.A.


GREENE, Judge.

Plaintiff appeals the trial court's grant of defendant's Rule 56 motion to dismiss her complaint based on the statute of repose for professional malpractice suits, N.C.G.S. § 1-15(c) (1983).

The record shows that plaintiff Shirley S. Stallings was a dental patient of defendants prior to the time of suit. Defendant Dr. Roy W. Kelly ("Kelly"), a general dentist, provided dental treatment to plaintiff beginning in March, 1976. In 1981, plaintiff...

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