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ALSTON v. BRITTHAVEN, INC.

No. COA05-385.

628 S.E.2d 824 (2006)

William Thomas ALSTON, as Personal Representative for the Estate of Edward Braddock Alston, Plaintiff, v. BRITTHAVEN, INC., d/b/a Britthaven of Louisburg, Defendant.

Court of Appeals of North Carolina.

May 2, 2006.

Attorney(s) appearing for the Case

McLean & Cardillo, P.A., by F. Edward Kirby, Jr. and J. Brett Davis, Durham, for plaintiff-appellant.

Yates, McLamb & Weyher, L.L.P., by Michael C. Hurley, Raleigh, for defendant-appellee.

Ferguson, Stein, Chambers, Gresham & Sumter, P.A., by Adam Stein, and Bunn & Arnold, by Kevin Bunn, amicus curiae, Chapel Hill, for the North Carolina Academy of Trial Lawyers.

Kenneth L. Burgess, amicus curiae, Raleigh, for North Carolina Health Care Facilities Association, North Carolina Medical Society, and North Carolina Hospital Association.

MARTIN, Chief Judge.

Plaintiff, as personal representative for Edward Braddock Alston ("Mr.Alston"), deceased, brought this action alleging negligence on the part of defendant Britthaven, Inc., d/b/a Britthaven of Louisburg. Defendant answered, denying negligence and asserting affirmative defenses.

The evidence at trial, summarized briefly and only to the extent required to address the issue raised on appeal, showed...

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