MUSE v. CHARTER HOSP. OF WINSTON-SALEM, INC.

No. 9318SC265.

452 S.E.2d 589 (1995)

Delbert Joseph MUSE, Jr., Administrator of the Estate of Delbert Joseph Muse, III, and Jane K. Muse, Plaintiffs, v. CHARTER HOSPITAL OF WINSTON-SALEM, INC. and Charter Medical Corporation, Defendants.

Court of Appeals of North Carolina.

January 3, 1995.


Attorney(s) appearing for the Case

Berry & Byrd, by Wade E. Byrd, Fayetteville, for plaintiffs-appellees.

Smith Helms Mulliss & Moore, by Bynum M. Hunter and Alan W. Duncan, Greensboro, and Law Office of James R. Hubbard, by James R. Hubbard, Winston-Salem, for defendants-appellants.

Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, P.A., by Adam Stein; and Elizabeth F. Kuniholm, Chapel Hill, for North Carolina Academy of Trial Lawyers, amicus curiae.

Poyner & Spruill, by John R. Jolly, Jr., Samuel O. Southern, Robert O. Crawford, III, and Benjamin P. Dean, Raleigh, for North Carolina Ass'n of Defense Attys., amicus curiae.

Weissburg and Aronson, Inc., by Mark E. Reagan, and Clark C. Havighurst, Los Angeles, CA, for Federation of American Health Systems, amicus curiae.


LEWIS, Judge.

This appeal arises from a judgment in favor of plaintiffs in an action for the wrongful death of Delbert Joseph Muse, III (hereinafter "Joe"). Joe was the son of Delbert Joseph Muse, Jr. (hereinafter "Mr. Muse") and Jane K. Muse (hereinafter "Mrs. Muse"), plaintiffs. The jury found that defendant Charter Hospital of Winston-Salem, Inc. (hereinafter "Charter Hospital" or "the hospital") was negligent in that...

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