WALLACE v. HASERICK

No. 9119SC150.

412 S.E.2d 694 (1992)

105 N.C. App. 315

Ruth B. WALLACE, Plaintiff, v. John R. HASERICK, M.D., and Prevo Drugs, Inc., Defendants.

Court of Appeals of North Carolina.

February 4, 1992.


Attorney(s) appearing for the Case

Pollock, Fullenwider, Cunningham & Patterson, P.A. by Bruce T. Cunningham, Jr., Southern Pines, for plaintiff-appellant.

Young, Moore, Henderson & Alvis, P.A. by Joseph W. Williford and Brian E. Clemmons, Raleigh, for defendant-appellee John R. Haserick.

Petree Stockton & Robinson by G. Gray Wilson and Urs R. Gsteiger, Winston-Salem, for defendant-appellee Prevo Drugs, Inc.


EAGLES, Judge.

The sole issue raised on appeal is whether the trial court improperly allowed the defendants to inject into the case an affirmative defense that had not been raised in the pleadings. We hold that the trial court did not err.

Plaintiff contends that the trial court erred when it allowed counsel for defendants Prevo Drugs and Haserick to argue that the Revco pharmacist "misread" the prescription when Revco was not a party to the action and neither...

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