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JENKINS v. CHOONG

No. COA01-175.

557 S.E.2d 124 (2001)

Melissa Renee JENKINS, Plaintiff, v. Han Pyo CHOONG, M.D. and Alexander Community Hospital, Inc., Defendants.

Court of Appeals of North Carolina.

December 18, 2001.

Attorney(s) appearing for the Case

Twiggs, Abrams, Strickland & Rabenau, P.A., by Howard F. Twiggs, Donald R. Strickland, and Jeff E. Essen; and Richard S. Hunter, Jr., Raleigh, for plaintiff-appellant.

Womble Carlyle Sandridge & Rice, P.L.L.C., by James P. Cooney III, Charlotte; and Northup & McConnell, P.L.L.C., by Isaac N. Northup, Jr., and Elizabeth E. McConnell, Asheville, for defendant-appellee Choong.

Roberts & Stevens, by Jacqueline Grant and Jim Williams, Asheville, for defendant-appellee Alexander Community Hospital, Inc.

Kuniholm Law Firm, by Elizabeth F. Kuniholm, Raleigh, for North Carolina Academy of Trial Lawyers, amicus curiae.

Carruthers & Roth, P.A., by Richard L. Vanore and Norman F. Klick, Jr., Greensboro, for North Carolina Association of Defense Attorneys, amicus curiae.

PER CURIAM.

Plaintiff appeals from the trial court's order denying plaintiff's motion for sanctions against counsel for Han Pyo Choong, M.D. (hereinafter "defendant"). Plaintiff claims that defendant's counsel, Elizabeth McConnell, violated the Rules of Professional Conduct and case law prohibiting ex parte communication between an attorney and a non-party treating physician by mailing a letter complete with attachments to one of plaintiff's physicians prior to his...

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