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HENDERSON v. LeBAUER

No. 9018SC332.

399 S.E.2d 142 (1991)

101 N.C. App. 255

Constance A. HENDERSON, Executrix of the Estate of Virgil E. Henderson, Plaintiff, v. E. Joseph LeBAUER, Bruce R. Brodie, Jeffrey Katz, Drs. LeBauer, Weintraub, Brodie, Patterson & Associates, P.A., David L. Rinehuls, Charles M. Hassell, and the Moses H. Cone Memorial Hospital, Defendants.

Court of Appeals of North Carolina.

January 15, 1991.

Attorney(s) appearing for the Case

Hatfield, Mountcastle, Deal & Van Zandt by John P. Van Zandt, III, Winston-Salem, for plaintiff-appellant/cross-appellee.

Tuggle, Duggins, Meschan & Elrod, P.A. by Joseph E. Elrod, III and Robert A. Ford, Greensboro, for defendant-appellee Charles M. Hassell and defendant-appellee/cross-appellant Moses H. Cone Memorial Hospital.

Bell, Davis & Pitt, P.A. by William Kearns Davis and J. Dennis Bailey, Winston-Salem, for defendants-appellees E. Joseph LeBauer, Bruce R. Brodie, Jeffrey Katz, Drs. LeBauer, Weintraub, Brodie, Patterson & Associates, P.A., and David L. Rinehuls.

WELLS, Judge.

When a motion for summary judgment is granted, "the critical questions for determination upon appeal are whether on the basis of the materials presented to the trial court, there is a genuine issue as to any material fact and whether the movant is entitled to judgment as a matter of law." Oliver v. Roberts, 49 N.C. App. 311, 271 S.E.2d 399 (1980), cert. denied, 276 S.E.2d 283

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