HUGGARD v. WAKE COUNTY HOSP. SYSTEM, INC.

No. 9010SC1083.

403 S.E.2d 568 (1991)

John HUGGARD, Administrator of the Estate of Bobby L. Brown, Deceased, v. WAKE COUNTY HOSPITAL SYSTEM, INC., Douglas T. Miller, Warren Newton, Michele Humlan, David L. Ingram, Murthy G.K. Manne and Doe Two through Doe Ten.

Court of Appeals of North Carolina.

May 7, 1991.


Attorney(s) appearing for the Case

Grover C. McCain, Jr. and Kenneth B. Oettinger, Chapel Hill, for plaintiff-appellant.

Young, Moore, Henderson & Alvis, P.A. by Joseph W. Williford and Josephine R. Darden, Raleigh, for defendant Murthy G.K. Manne.


JOHNSON, Judge.

This case requires that we consider G.S. § 1-166 (1983), the statute which allows a defendant to be sued in a fictitious name. The issue is whether the filing of a "John Doe" complaint tolls the statute of limitations.

The sequence of events which form the basis for this appeal are as follows. Eight year old Bobby Brown was admitted to defendant Wake County Hospital ("Wake") on 22 December 1985 where he was treated by the five named individual...

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