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HEATHERLY v. INDUSTRIAL HEALTH COUNCIL

No. COA97-464.

504 S.E.2d 102 (1998)

Timothy Mark HEATHERLY, Executor of the Estate of Fred W. Heatherly, Deceased, Plaintiff, v. INDUSTRIAL HEALTH COUNCIL, and Allan R. Goldstein, M.D., Defendants.

Court of Appeals of North Carolina.

September 1, 1998.

Attorney(s) appearing for the Case

Lindsay & Hensley by John C. Hensley, Jr., Asheville, for plaintiff-appellant.

Roberts & Stevens, P.A. by James W. Williams, Asheville, for defendant-appellee Allan R. Goldstein, M.D.

Dameron and Burgin by Charles E. Burgin, Marion, for defendant-appellee Industrial Health Council.

JOHN, Judge.

Plaintiff appeals judgment entered upon adverse jury verdict in this wrongful death action. Plaintiff contends the trial court erred by: (1) denying his motion in limine and allowing defendants to offer evidence tending to show omissions of a non-party, (2) allowing the testimony of Carl Metzger (Metzger), a manager at Vulcan Materials Company (Vulcan), the former employer of plaintiff's decedent Fred W. Heatherly (decedent), (3) refusing to prohibit...

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