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BRISSON v. KATHY A. SANTORIELLO, M.D., P.A.

No. 376PA99.

528 S.E.2d 568 (2000)

351 N.C. 589

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

Supreme Court of North Carolina.

May 5, 2000.

Attorney(s) appearing for the Case

Patterson, Dilthey, Clay & Bryson, L.L.P., by Charles George, Raleigh, for plaintiff-appellees.

Yates, McLamb & Weyher, L.L.P., by Barry S. Cobb, Raleigh, for defendant-appellants.

Fuller, Becton, Slifkin & Bell, P.A., by Charles L. Becton and James C. Fuller, Raleigh, on behalf of North Carolina Academy of Trial Lawyers, amicus curiae.

Cranfill, Sumner & Hartzog, L.L.P., by Kari R. Johnson, Raleigh, on behalf of North Carolina Association of Defense Attorneys, amicus curiae.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., by James D. Blount, Jr., Michael W. Mitchell, and James Y. Kerr, II, Raleigh, on behalf of North Carolina Medical Society; and Manning, Fulton & Skinner, P.A., by John B. McMillan, Raleigh, on behalf of North Carolina Citizens for Business and Industry, amici curiae.

ORR, Justice.

This case arises out of a medical malpractice action filed in Superior Court, Cumberland County, against Dr. Kathy A. Santoriello (Dr. Santoriello), an obstetrician-gynecologist (OB-GYN) practicing in Fayetteville, North Carolina. Plaintiffs Pamela Brisson and Dallas Brisson alleged negligence and loss of consortium, seeking damages in excess of $10,000, plaintiffs' costs, and attorneys' fees.

The facts relevant to this action are as follows...

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