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TEAGUE v. RANDOLPH SURGICAL ASSOCIATES

No. COA97-784.

501 S.E.2d 382 (1998)

Phyllis B. TEAGUE and Jack C. Teague, Sr., Plaintiffs, v. RANDOLPH SURGICAL ASSOCIATES, P.A. and Winston Godwin, M.D., Defendants.

Court of Appeals of North Carolina.

June 16, 1998.

Attorney(s) appearing for the Case

W. David McSheehan, Monroe, for plaintiffs.

Brinkley, Walser, McGirt, Miller, Smith & Coles by Stephen W. Coles, Lexington, for defendants.

JOHN C. MARTIN, Judge.

Plaintiffs brought this action alleging claims for medical negligence and "intentional fraudulent misrepresentation." Phyllis Teague sought damages for personal injury and punitive damages; her husband, Jack Teague, sought damages for loss of consortium. Prior to filing an answer, defendants moved to dismiss for plaintiffs' failure to state a claim upon which relief could be granted. The trial court converted the motion to one for summary judgment...

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