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DUNKLEY v. SHOEMATE

No. COA95-279.

465 S.E.2d 319 (1996)

Rebecca DUNKLEY, Plaintiff, v. Lee H. SHOEMATE, Eric B. Munson, David S. Janowsky, Preston A. Walker, Mary F. Lutz and Doe One, Doe Two, and Doe Three, Defendants.

Court of Appeals of North Carolina.

January 2, 1996.

Attorney(s) appearing for the Case

Law Offices of Grover C. McCain, Jr. by Grover C. McCain, Jr., Chapel Hill, and Law Office of Glenn C. Veit by Glenn C. Veit, Hillsborough, for plaintiff-appellant.

Patterson, Dilthey, Clay & Bryson, L.L.P. by Robert M. Clay, Donna R. Rutala, and G. Lawrence Reeves, Jr., Raleigh, for defendant-appellee Shoemate.

Yates, McLamb & Weyher, L.L.P. by Bruce W. Berger, Raleigh, for defendants-appellees Munson, Janowsky, and Lutz; Young, Moore, and Henderson, P.A. by M. Lee Cheney and Glenn C. Raynor, Raleigh, for defendant-appellee Walker.

LEWIS, Judge.

This appeal is from a Rule 12(b)(6) dismissal of plaintiff's claim. N.C.R. Civ.P. 12(b)(6). For Rule 12(b)(6) purposes, plaintiff's allegations are taken as true. Smith v. Ford Motor Co., 289 N.C. 71, 83, 221 S.E.2d 282, 290 (1976).

Plaintiff alleges the following: She was hospitalized at University of North Carolina Hospital in Chapel Hill (UNC Hospital) on 25 September...

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