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BRISSON v. SANTORIELLO

No. COA98-822.

516 S.E.2d 911 (1999)

Pamela BRISSON and Dallas Brisson, Plaintiffs, v. Kathy A. SANTORIELLO, M.D., P.A., and Kathy A. Santoriello, M.D., Defendants.

Court of Appeals of North Carolina.

July 6, 1999.

Attorney(s) appearing for the Case

Patterson, Dilthey, Clay & Bryson, L.L.P., by Charles George, Raleigh, and Law Office of Thomas M. Lavigne, by Thomas M. Lavigne, Midland, MI, for plaintiffs-appellants.

Yates, McLamb & Weyher, L.L.P., by Barry S. Cobb, Raleigh, for defendants-appellees.

TIMMONS-GOODSON, Judge.

Pamela and Dallas Brisson ("plaintiffs") appeal from an order granting Kathy A. Santoriello, M.D., P.A. and Kathy A. Santoriello, M.D. ("defendants") judgment on the pleadings in plaintiffs' action for medical malpractice and loss of consortium. For the reasons given in the following analysis, we vacate the order of the trial court and remand for further appropriate proceedings.

On 27 July 1994, Dr. Santoriello, an OB/ GYN practicing...

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