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SUMMEY v. BARKER

No. COA02-13.

573 S.E.2d 534 (2002)

Joseph Patrick SUMMEY, Plaintiff, v. Ronald BARKER, Forsyth County Sheriff; and Hartford Insurance Company, Surety; Michael Schweitzer, chief jailer of Forsyth County, in their official capacities; Linda Sides; Joe Maddux, Correctional Medical Services, Inc., d/b/a Correctional Medical Systems a/k/a Correctional Medical Services, Defendants.

Court of Appeals of North Carolina.

December 3, 2002.

Attorney(s) appearing for the Case

Parrish, Smith & Ramsey, L.L.P., by Steven D. Smith, Winston-Salem, for plaintiff-appellant.

Smith, Helms Mulliss & Moore, L.L.P., by Lisa Frye Garrison and Alan W. Duncan, Greensboro, for Linda Sides and Correctional Medical Services, defendant-appellees.

Womble, Carlyle, Sandridge & Rice, by Allan R. Gitter and Oliver M. Read, IV, Winston-Salem, for Ronald Barker, Hartford Insurance Company and Michael Schweitzer, defendant-appellees.

WYNN, Judge.

Following the trial court's grant of summary judgment dismissing plaintiff Joseph Patrick Summey's medical malpractice and negligence actions, plaintiff presents two issues on appeal to this Court: (1) Did the trial court erroneously exclude his expert witness' testimony as a discovery sanction for plaintiff's failure to designate his expert in a timely fashion; and (2) Did the trial court err in granting summary judgment in favor of the defendants? We...

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