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HARRIS v. MILLER

No. 345A91.

438 S.E.2d 731 (1994)

Haywood HARRIS, in his capacity as Administrator of the Estate of Etta Harris v. George J. MILLER, M.D.

Supreme Court of North Carolina.

January 28, 1994.

Attorney(s) appearing for the Case

Ferguson, Stein, Watt, Wallas, Adkins & Gresham, P.A. by Adam Stein, Chapel Hill, for plaintiff-appellant.

LeBoeuf, Lamb, Leiby & MacRae by George R. Ragsdale and Kurt E. Lindquist, II, Raleigh, for defendant-appellee.

EXUM, Chief Justice.

Of primary importance in this case is the following question: under what circumstances should a surgeon in charge of an operation be held vicariously liable for the negligence of medical personnel who assist in performing the operation?

I

On 1 June 1981, Mrs. Etta Harris underwent back surgery under general anesthesia at Beaufort County Hospital. Defendant George Miller, M.D., an orthopedic...

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