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ALLEN v. CAROLINA PERMANENTE MEDICAL GROUP

No. COA99-1038.

533 S.E.2d 812 (2000)

Audrey E. ALLEN, Administratrix of the Estate of Natt Albert Allen, Sr., Plaintiff, v. CAROLINA PERMANENTE MEDICAL GROUP, P.A., a/k/a Kaiser Permanente and Dan Franklin Burroughs, M.D., Defendants.

Court of Appeals of North Carolina.

August 1, 2000.

Attorney(s) appearing for the Case

Perry & Brown, by Sally Metz Keith, Garner, for plaintiff-appellant.

Moore & Van Allen, P.L.L.C., by Loni S. Caudill, Raleigh, for defendant-appellees.

HUNTER, Judge.

Plaintiff-appellant Audrey E. Allen, administratrix of the estate of Natt Albert Allen, Sr. ("plaintiff"), appeals the trial court's order dismissing her action with prejudice on the basis that she failed to comply with Rule 9(j) of the N.C. Rules of Civil Procedure by tendering a witness she could not have reasonably expected to qualify as an expert witness under Rule 702 of the N.C. Rules of Evidence. We agree and thus, affirm the trial court's order...

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