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TAYLOR v. VENCOR, INC.

No. COA99-123.

525 S.E.2d 201 (2000)

Carol TAYLOR, Individually and as Administratrix of the Estate of Rosa Taylor, Plaintiff, v. VENCOR, INC., First Healthcare Corporation d/b/a Hillhaven South, Inc., and Hillhaven Rehabilitation and Healthcare Center, Defendants.

Court of Appeals of North Carolina.

February 1, 2000.

Attorney(s) appearing for the Case

Burford & Lewis, PLLC, by Robert J. Burford, Raleigh, for plaintiff-appellant.

Cranfill, Sumner & Hartzog, L.L.P., by H. Lee Evans, Jr. and Jaye E. Bingham, Raleigh, for defendants-appellees.

WALKER, Judge.

Plaintiff Carol Taylor filed this action alleging negligence in the wrongful death of her mother, Rosa Taylor. Defendants denied liability and subsequently moved to dismiss the action pursuant to Rules 12(b) and 9(j) of the North Carolina Rules of Civil Procedure. Prior to the trial court's ruling on defendants' motion, plaintiff moved for leave to amend the complaint, which was denied. Based on plaintiff's failure to comply with Rule 9(j), the trial...

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