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FOX v. GREEN

No. COA 02-1419.

588 S.E.2d 899 (2003)

Rosa Childers FOX, Plaintiff, v. Ray L. GREEN, M.D.; Statesville Clinic for Obstetrics & Gynecology, P.A.; and Hospital Corporation of North Carolina d/b/a Davis Community Hospital, now Davis Community Hospital, L.L.C. d/b/a Davis Medical Center, Defendants.

Court of Appeals of North Carolina.

December 2, 2003.

Attorney(s) appearing for the Case

Edward Jennings, Taylorsville, for plaintiff-appellant.

Parker, Poe, Adams & Bernstein, L.L.P., by Harvey L. Cosper, Jr. and John H. Beyer, Charlotte, for defendant-appellees Ray L. Green, M.D. and Statesville Clinic for Obstetrics & Gynecology, P.A.

Cranfill, Sumner & Hartzog, by David H. Batten, Raleigh, for defendant-appellee Davis Community Hospital, L.L.C. d/b/a Davis Medical Center.

HUDSON, Judge.

This appeal arises from the grant of summary judgment in favor of defendants dismissing plaintiff's cause of action. For the following reasons, we reverse in part, affirm in part and remand.

On 4 March 1999, plaintiff, Rosa Childers Fox, filed a complaint against Ray L. Green, M.D., Statesville Clinic for Obstetrics and Gynecology, and Davis Community Hospital, alleging that during the delivery of her child at Davis Hospital, Dr. Green negligently...

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