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THOMPSON v. NEWMAN

No. 69A91.

417 S.E.2d 224 (1992)

331 N.C. 709

Geneva THOMPSON and David O. Thompson v. William H. NEWMAN, Individually, and William H. Newman, M.D., P.A.

Supreme Court of North Carolina.

June 25, 1992.

Attorney(s) appearing for the Case

Bailey & Dixon by David M. Britt, Gary S. Parsons, and Mary Elizabeth Clarke, Raleigh, for plaintiff-appellants.

Anderson, Broadfoot, Johnson, Pittman and Lawrence by Hal W. Broadfoot, Fayetteville, for defendant-appellant.

EXUM, Chief Justice.

This is a civil action seeking compensatory and punitive damages for alleged medical malpractice based on allegations that defendant physician performed a mastectomy on plaintiff Geneva Thompson without obtaining her informed consent. Plaintiffs voluntarily dismissed their original action and subsequently filed this one. The issue before us is whether the present action was filed within the one-year savings provision of Rule 41(a)(1) of the North...

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