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HUBBARD v. FEWELL

No. COA04-1072.

613 S.E.2d 58 (2005)

Brooke HUBBARD, and her husband, Todd Hubbard, Plaintiffs v. Pamela Davis FEWELL, Jane Doe, and Laboratory Corporation of America, Defendants.

Court of Appeals of North Carolina.

June 7, 2005.

Attorney(s) appearing for the Case

John H. Anderson, Winston-Salem, for plaintiff-appellees.

Ellis & Winters, L.L.P., by Richard W. Ellis and Alex J. Hagan, Raleigh, for defendant-appellants Pamela Davis Fewell and Laboratory Corporation of America.

HUNTER, Judge.

Pamela Davis Fewell ("defendant") and Laboratory Corporation of America ("LabCorp"), also a defendant in this action, appeals from an order, dated 23 June 2004, granting partial summary judgment. As an issue of material fact existed as to defendant's negligence, we find the trial court erred in granting partial summary judgment.

In 2001, Brooke and Todd Hubbard ("plaintiffs") sought pre-conception counseling from Dr. James Tomblin ("Dr. Tomblin...

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