HOWZE v. HUGHES

No. COA98-1607.

518 S.E.2d 198 (1999)

Cora G. HOWZE, Individually and as Administratrix of the Estate of Nathaniel Howze, deceased, Plaintiff, v. Linda K. HUGHES, M.D., Fayetteville Family Medical Care, P.A., Stephen Ginn, M.D., Cape Fear Cardiology Associates, P.A., and Cumberland County Hospital System, Inc. d/b/a Cape Fear Valley Medical Center/The Heart Center, Defendants.

Court of Appeals of North Carolina.

August 3, 1999.


Attorney(s) appearing for the Case

John Michael Winesette and Reid, Lewis, Deese, Nance & Person, by James R. Nance, Jr., Fayetteville, for plaintiff-appellee.

Walker, Barwick, Clark & Allen, L.L.P., by Gay Parker Stanley, Goldsboro, for defendants-appellants Stephen Ginn, M.D. and Cape Fear Cardiology Associates, P.A.

Patterson, Dilthey, Clay & Bryson, L.L.P., by Mark E. Anderson and Christopher J. Derrenbacher, Raleigh, for defendant-appellant Cumberland County Hospital System, Inc., d/b/a Cape Fear Valley Medical Center/The Heart Center.


SMITH, Judge.

This action arises out of defendants' medical treatment of plaintiff's decedent, Nathaniel Howze, who died on 25 March 1996. Prior to the expiration of the original two-year statute of limitation, plaintiff moved for an extension of the applicable statute of limitation pursuant to N.C.R. Civ. P. 9(j). By order entered 24 March 1998, plaintiff was allowed an extension up to and including 22 July 1998 within which to commence the instant action. Defendants...

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