Margaret Wrenn ANDERSON
v.
Dr. Dean George ASSIMOS, M.D., Dr. R. Lawrence Kroovard, M.D., Dr. Mark R. Hess, M.D., Wake Forest University Physicians, Wake Forest University Baptist Medical Center, The Medical Center of Bowman Gray School of Medicine and North Carolina Baptist Hospital and The North Carolina Baptist Hospitals, Incorporated.
Supreme Court of North Carolina.https://leagle.com/images/logo.png
November 22, 2002.
November 22, 2002.
Attorney(s) appearing for the Case
Mary K. Nicholson, Greensboro, for plaintiff-appellee.
Tuggle, Duggins & Meschan, P.A., by J. Reed Johnston, Jr., Amanda L. Fields, and Robert A. Ford, Greensboro, for defendant-appellants.
North Carolina Chapter of the American Society of Healthcare Risk Management of the American Hospital Association by Thomas L. Eure, Ken M. Nanney, and Ronald Burris, amicus curiae.
Faison & Gillespie by O. William Faison, John W. Jensen, Jonathan C. Sauls, and Kristen L. Beightol, on behalf of the North Carolina Academy of Trial Lawyers, amicus curiae.
Center for Constitutional Litigation, P.C. by Robert S. Peck, on behalf of the Association of Trial Lawyers of America; and the American Civil Liberties Union of North Carolina Legal Foundation, Inc. by Seth H. Jaffe, amici curiae.
Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P. by James D. Blount, Jr., Michael W. Mitchell, Christopher G. Smith, and J. Mitchell Armbruster, on behalf of North Carolina Medical Society, North Carolina Hospital Association, the Medical Specialty Societies, North Carolina Medical Group Managers, Old North State Medical Society, and North Carolina Association of Physicians of Indian Origin; and Manning, Fulton & Skinner, P.A. by John B. McMillan, on behalf of North Carolina Citizens for Business and Industry and National Federation of Independent Business, amici curiae.
Supreme Court of North Carolina.
PER CURIAM.
The Court of Appeals concluded that Rule 9(j) of the North Carolina Rules of Civil Procedure violates Article I, Section 18 of the North Carolina Constitution and the Equal Protection Clauses of the North Carolina and United States Constitutions. Anderson v. Assimos, 146 N.C. App. 339, 553 S.E.2d 63 (2001).
A constitutional issue not raised at trial will generally not be considered for the first time on...
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