BARBER v. CONSTIEN

No. COA96-1493.

502 S.E.2d 912 (1998)

C. Melvin BARBER, Administrator of the Estate of Kathy P. Barber, Deceased, Plaintiff-Appellant, v. Daniel J. CONSTIEN, M.D., and Wan Soo Chung, M.D., Defendants-Appellees.

Court of Appeals of North Carolina.

August 4, 1998.


Attorney(s) appearing for the Case

Wade E. Byrd, Fayetteville, for plaintiff-appellant.

Walker, Barwick, Clark & Allen, L.L.P. by Robert D. Walker, Jr. and O. Drew Grice, Jr., Goldsboro, for defendant-appellee Wan Soo Chung, M.D.

Harris, Shields, Creech and Ward, P.A. by C. David Creech, New Bern, for defendant-appellee Daniel J. Constien, M.D.


JOHN, Judge.

In this wrongful death action, the sole issue on appeal is whether the trial court properly charged the jury on intervening causation. Plaintiff contends, inter alia, that the court's instructions erroneously failed to reference the test of foreseeability. We agree and award plaintiff a new trial.

Pertinent facts and procedural history include the following: Plaintiff's wife, decedent Kathy Barber (Mrs. Barber), consulted defendant Dr....

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