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SMITH v. CREGAN

No. COA05-1412.

632 S.E.2d 206 (2006)

Edward SMITH and Tammye Smith, Plaintiffs, v. Gregg E. CREGAN, M.D., and Orthopaedic Specialists of the Carolinas, P.A., Defendants.

Court of Appeals of North Carolina.

July 18, 2006.

Attorney(s) appearing for the Case

The MacKenzie Law Firm, by James S. Gibbs, Winston-Salem, for plaintiff appellees.

Carruthers & Roth, P.A., by Kenneth L. Jones, Greensboro, for defendant appellants.

McCULLOUGH, Judge.

Defendants appeal from a superior court order denying their motion to tax costs against plaintiffs. We affirm.

Facts

On 18 December 2002, plaintiffs filed a medical malpractice action in which they alleged that they were injured by the negligence of defendants. Defendants filed an answer denying liability.

Plaintiffs' action was tried the week of 12 July 2004. Following...

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