ELLIOTT v. OWEN

No. 8926SC1072.

393 S.E.2d 347 (1990)

99 N.C. App. 465

Diane Kirby ELLIOTT, Plaintiff, v. Dr. Kenneth D. OWEN; Kenneth D. Owen, P.A.; Dr. W. Joseph Porter; Dr. Robert A. Herrin; and Porter, Barts, Herrin and Kirk, P.A., Defendants.

Court of Appeals of North Carolina.

July 17, 1990.


Attorney(s) appearing for the Case

Collie and Wood by James F. Wood, III, Charlotte, for plaintiff-appellant.

R.C. Carmichael, Jr., Charlotte, for defendants-appellees Kenneth D. Owen and Kenneth D. Owen, P.A.

Golding, Meekins, Holden, Cosper & Stiles by John G. Golding, Charlotte, for defendants-appellees W. Joseph Porter, Robert A. Herrin and Porter, Barts, Herrin and Kirk, P.A.


EAGLES, Judge.

Plaintiff assigns as error the trial court's findings of fact that there existed no genuine issues of material facts and that defendants are entitled to judgment as a matter of law and the trial court's entry of judgment in favor of defendants dismissing plaintiff's action with prejudice. Plaintiff contends that several genuine issues of material fact are established in the record. First, plaintiff contends that an issue of fact exists concerning whether...

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