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OSBURN v. DANEK MEDICAL, INC.

No. COA98-840.

520 S.E.2d 88 (1999)

Gregory OSBURN and Joy C. Osburn, Plaintiff-Appellants, v. DANEK MEDICAL, INC., Sofamor-Danek Group, Inc., Warsaw Orthopaedic, Inc., Keith M. Maxwell, M.D., Keith M. Maxwell, M.D., P.A., and St. Joseph's Hospital, Defendant-Appellees.

Court of Appeals of North Carolina.

October 19, 1999.

Attorney(s) appearing for the Case

Donald B. Hunt, Raleigh, for plaintiff-appellants.

Smith, Helms, Mulliss & Moore, L.L.P., by J. Donald Cowan, Jr. and Lisa Frye Garrison, Greensboro, for Danek Medical, Inc., Sofamor-Danek Group, Inc., and Warsaw Orthopaedic, Inc., defendant-appellees.

Young, Moore and Henderson P.A., by Joseph W. Williford and Brian O. Beverly, Raleigh, for Keith M. Maxwell, M.D., and Keith M. Maxwell, M.D., P.A., defendant-appellees.

Roberts & Stevens, P.A., by Isaac N. Northup, Jr. and Jacqueline D. Grant, Raleigh, for St. Joseph's Hospital, defendant-appellee.

JOHN, Judge.

Plaintiffs Gregory Osburn (Osburn) and wife Joy C. Osburn appeal certain orders and judgments entered in the trial court. We conclude plaintiffs' assignments of error are unfounded.

Pertinent factual and procedural background includes the following: Osburn fell and suffered injury in 1989 and subsequently sought treatment from defendant Dr. Keith M. Maxwell, M.D. (Dr. Maxwell). Dr. Maxwell performed back surgery on Osburn in October 1990, implanting...

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