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SHUFORD v. McINTOSH

No. 9024SC1185.

408 S.E.2d 747 (1991)

104 N.C. App. 201

Richard Daniel SHUFORD, II, by his Guardian Ad Litem, Richard Daniel SHUFORD, and Richard Daniel Shuford, Individually, Plaintiffs, v. Archie N. McINTOSH, M.D., Archie N. McIntosh, M.D., P.A., and the McDowell Hospital, Inc., a North Carolina Corporation, Defendants.

Court of Appeals of North Carolina.

October 1, 1991.

Attorney(s) appearing for the Case

Pulley, Watson & King, P.A. by W. Paul Pulley and Michael J. O'Foghludha, Durham, and Dennis J. Winner, P.A. by Dennis J. Winner, Asheville, for plaintiffs-appellants.

Mitchell Blackwell & Mitchell by W. Harold Mitchell and Keith W. Rigsbee, Valdese, for defendant-appellee McIntosh.

Dameron and Burgin by Charles E. Burgin, Marion, for defendant-appellee McDowell Hospital, Inc.

PHILLIPS, Judge.

In seeking a new trial, plaintiff cites five actions by the court as prejudicially erroneous. The first action complained of, allowing each defendant more peremptory jury challenges than the statutes authorize, was clearly erroneous, but such action has heretofore been held to be harmless error by our Supreme Court.

G.S. 9-19 allows each side in a civil action eight peremptory challenges, and the...

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