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HOWARD v. VAUGHN

No. COA02-28.

573 S.E.2d 253 (2002)

Dorothy T. HOWARD, by and through the Administratrix of her Estate, Plaintiff, v. Robert D. VAUGHN, Jr., M.D.; James A. Watkins, M.D.; Louis H. Zbinden, III, M.D.; Dilworth Surgical Group, P.A. o/k/a Dilworth Surgical Specialists, P.A.; Mercy Hospital, Inc.; Carolinas Health Care System d/b/a Mercy Hospital, Inc., Defendants.

Court of Appeals of North Carolina.

December 31, 2002.

Attorney(s) appearing for the Case

Pamela A. Hunter, Charlotte, for plaintiff-appellant.

Cozen O'Conner, by Anna Daly and Paul Reichs for defendants-appellees Robert Vaughn, Jr., M.D.; James A. Watkins, M.D.; Dilworth Surgical Group, P.A., o/k/a Dilworth Surgical Specialists, P.A.; and Womble Carlyle Sandridge & Rice, PLLC, by Tricia Morvan Derr, Charlotte, for defendants-appellees Mercy Hospital, Inc. and Carolinas Health Care System d/b/a Mercy Hospital, Inc.

THOMAS, Judge.

Plaintiff, Administratrix of Dorothy T. Howard's estate, appeals from an order dismissing this wrongful death action as violative of the statute of limitations. Upon defendants' Rule 12(b)(6) motion, the trial court found an earlier extension of the statute of limitations by a different superior court judge to be ineffective.

Plaintiff appeals, contending the extension was proper and the complaint timely filed. For the reasons herein, we agree...

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