MUSE EX REL. MUSE v. ECKBERG

No. COA99-1102.

533 S.E.2d 268 (2000)

Amber Dawn MUSE, by and through her Guardian Ad Litem, Hugh D. MUSE; Hugh D. Muse, Individually; and Angela Muse, Individually, Plaintiffs-Appellants, v. David E. ECKBERG, M.D.; New Bern Anesthesia Associates, P.A.; Ronald Jack Reida, M.D.; Craven Emergency Physicians, P.A.; Craven Regional Medical Center; Dara Bass, R.T.; Carol Brower, R.N.; Laura Wheaton, R.N.; Calvin G. Warren, M.D.; Sarah Stitt Adams, M.D.; Coastal Children's Clinic, Inc., Defendants-Appellees.

Court of Appeals of North Carolina.

August 1, 2000.


Attorney(s) appearing for the Case

Corne, Corne & Grant, P.A., by Robert M. Grant Jr., Newton, and Donald J. Dunn, P.A., by Donald J. Dunn, New Bern, for plaintiffs-appellants.

Walker, Clark, Allen, Herrin, & Morano, L.L.P., by Robert D. Walker, Jr. and Gay Parker Stanley, Goldsboro, for defendants-appellees.

North Carolina Academy of Trial Lawyers, by Stella A. Boswell, Raleigh, Amicus curiae.


WYNN, Judge.

In 1999, the plaintiffs voluntarily dismissed without prejudice under N.C.R. Civ. P. 41(a) their medical malpractice action against the defendant medical providers. Thereafter, the defendants moved under N.C.R. Civ. P. 41(d) to recover from the plaintiffs their costs incurred to prepare for depositions—consultation fees by three physicians and expenses relating to travel, copying, long distance telephone calls, and postage. From the trial court...

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