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ALFORD v. DAVIS

No. COA97-1597.

505 S.E.2d 917 (1998)

Benjamin G. ALFORD, Administrator of the Estate of Dreama Samone Davis, Deceased, Plaintiff-Appellee, v. Bradley DAVIS, Rhonda Cooper, Defendants-Appellees. Benjamin G. ALFORD, Administrator of the Estate of Dreama Samone Davis, Deceased, Plaintiff-Appellee, v. Bradley DAVIS, Rhonda Cooper, Kevin Lamonte Whiting, by and through his Guardian Ad Litem David A. Stoller, Bonita M. Whiting and Dwayne M. Whiting, Defendants-Appellees, v. Ram RAMCHANDANI, M.D., EMSA Limited Partnership, Movants-appellants.

Court of Appeals of North Carolina.

October 20, 1998.

Attorney(s) appearing for the Case

Donald J. Dunn, P.A. by Donald J. Dunn, New Bern, and Annie L. Sullivan, Chapel Hill, for plaintiff-appellee.

James M. Ayers, II, New Bern, for defendant-appellee Rhonda Cooper.

David A. Stroller, Guardian ad Litem, New Bern, for Kevin Whiting.

Patterson, Dilthey, Clay & Bryson, L.L.P. by Robert M. Clay and Charles A. Madison, Raleigh, for movant-appellants.

JOHN C. MARTIN, Judge.

On 11 August 1994 Dreama Davis, then two years and eight months old, died at Cherry Point Naval Hospital as a result of acute supperative appendicitis. Dreama had been examined and sent home earlier in the day by appellant Dr. Ramchandani who had diagnosed her as suffering from pneumonia. Plaintiff filed the underlying wrongful death action alleging that Dreama's death was caused by the negligence of Dr. Ramchandani and his employer EMSA Limited...

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