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PHILLIPS v. TRIANGLE WOMEN'S HEALTH CLINIC

No. COA01-1418.

573 S.E.2d 600 (2002)

Michele Battle PHILLIPS, Plaintiff, v. A TRIANGLE WOMEN'S HEALTH CLINIC, INC. and Stuart L. Schnider, M.D., Defendants. Michele Battle Phillips, Plaintiff, v. Stuart L. Schnider, M.D., Defendant.

Court of Appeals of North Carolina.

December 31, 2002.

Attorney(s) appearing for the Case

Burford & Lewis, P.L.L.C., by Robert J. Burford, Raleigh, for plaintiff-appellant.

Yates, McLamb & Weyher, L.L.P., by John W. Minier and Richard V. Stevens, Raleigh, for defendant-appellee.

HUNTER, Judge.

Michele Battle Phillips ("plaintiff") appeals the dismissal of her medical malpractice claim and the granting of summary judgment on her unfair and deceptive business practices claim against Stuart L. Schnider, M.D. ("defendant"). We reverse in part and affirm in part.

On or about 29 April 1994, plaintiff underwent an abortion at A Triangle Women's Health Clinic, Inc. ("the Clinic"). Plaintiff selected defendant to perform the procedure based...

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