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DUNKLEY v. SHOEMATE

No. 178PA98.

515 S.E.2d 442 (1999)

Rebecca DUNKLEY v. Lee H. SHOEMATE, Eric B. Munson, David S. Janowsky, Preston A. Walker, Mary F. Lutz, Doe One, Doe Two, and Doe Three.

Supreme Court of North Carolina.

June 25, 1999.

Attorney(s) appearing for the Case

Law Offices of Grover C. McCain, Jr., by Grover C. McCain, Jr., Chapel Hill, for plaintiff-appellee.

Patterson, Dilthey, Clay & Bryson, L.L.P., by Robert M. Clay, Donna R. Rutala, and G. Lawrence Reeves, Jr., Raleigh, for defendant-appellant Shoemate.

Battle, Winslow, Scott & Wiley, P.A., by Marshall A. Gallop, Jr., Rocky Mount, on behalf of the North Carolina Association of Defense Attorneys, amicus curiae.

Bailey & Dixon, L.L.P., by Gary S. Parsons and Kenyann Brown Stanford, Raleigh, on behalf of Nationwide Mutual Insurance Company and the Alliance of American Insurers, amici curiae.

Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, P.A., by Henderson Hill, Charlotte, on behalf of the North Carolina Academy of Trial Lawyers, amicus curiae.

ORR, Justice.

The sole question presented in this case is whether the trial court erred in failing to remove the law firm of Patterson, Dilthey, Clay & Bryson, L.L.P., as counsel for defendant Lee H. Shoemate. Pertinent facts and circumstances in this case are as follows.

On 5 January 1989, Shoemate, representing that he had received his undergraduate degree from the University of Texas and that he was an M.D./Ph.D. candidate at Harvard Medical School...

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