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BRILEY v. FARABOW

No. 473PA97.

501 S.E.2d 649 (1998)

Bernice A. BRILEY, Individually and Ned H. Briley, as Spouse v. William S. FARABOW and High Point Ob-Gyn Associates, Inc.

Supreme Court of North Carolina.

July 9, 1998.

Attorney(s) appearing for the Case

Randolph M. James, P.C. by Randolph M. James, Winston-Salem, for plaintiff-appellees.

Elrod Lawing & Sharpless, P.A. by Sally A. Lawing and Damien J. Sinnott, Greensboro, for defendants-appellants.

Brinkley, Walser, McGirt, Miller, Smith & Coles, P.L.L.C. by D. Clark Smith, Jr., Stephen W. Coles, and S. Ranchor Harris, III, Lexington, on behalf of North Carolina Association of Defense Attorneys, amicus curiae.

ORR, Justice.

This case addresses whether Rule 60(b)(1) of the North Carolina Rules of Civil Procedure may be used to provide relief from sanctions imposed upon plaintiffs under Rule 26(f1) of the North Carolina Rules of Civil Procedure for their attorney's failure to designate experts by a court-ordered deadline. Plaintiffs initiated this medical malpractice suit against Dr. William S. Farabow and High Point Ob-Gyn Associates, Inc., on 11

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