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JONES v. ASHEVILLE RADIOLOGICAL GROUP

No. COA97-803.

500 S.E.2d 740 (1998)

Margaret K. JONES, Plaintiff-Appellant, v. ASHEVILLE RADIOLOGICAL GROUP, P.A., Nathan Williams, M.D., Timothy Gallagher, M.D., Medical Mutual Insurance Company of North Carolina; and Luci A. Layton, Defendants-Appellees.

Court of Appeals of North Carolina.

May 19, 1998.

Attorney(s) appearing for the Case

Hyler, Lopez & Walton, P.A. by George B. Hyler, Jr. and Robert J. Lopez, Asheville, for plaintiff-appellant.

Dameron & Burgin by Sharon L. Parker, Marion, for defendants-appellees Asheville Radiological Group, P.A. and Timothy Gallagher, M.D.

Kennedy, Covington, Lobdell & Hickman, L.L.P. by James P. Cooney, III and Lara E. Simmons, Charlotte, for defendants-appellees Nathan Williams, M.D., Medical Mutual Insurance Company and Luci A. Layton.

WALKER, Judge.

Plaintiff is a 45-year-old woman who was diagnosed with breast cancer in 1989. Her claims in this case arose in connection with a medical malpractice action (the underlying action) she filed against her obstetrician and gynecologist (OB-GYN), Dr. Sherman Morris (Dr. Morris) for his failure to properly diagnose her breast cancer.

At the time the underlying action was filed, Dr. Morris was insured by defendant Medical Mutual Insurance Company...

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