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ACOSTA v. BYRUM

No. COA06-106.

638 S.E.2d 246 (2006)

Heather D. ACOSTA, Plaintiff, v. Robin BYRUM, Shirley Smith, Beverly Edwards, M.D. and David R. Faber, II, M.D., Defendants.

Court of Appeals of North Carolina.

December 19, 2006.

Attorney(s) appearing for the Case

Mills & Economos, L.L.P., by Larry C. Economos, Greenville, for plaintiff-appellant.

Hornthal Riley Ellis & Maland, LLP, by John D. Leidy, Elizabeth City, for defendant-appellee Robin Byrum.

Battle Winslow Scott & Wiley, P.A., by Marshall A. Gallop, Jr., Rocky Mount, for defendant-appellee Shirley Smith.

Roswald B. Daly, Jr. and Baker Jones, Ahoskie, for defendant-appellee Beverly Edwards, M.D.

Poyner & Spruill, LLP, by J. Nicholas Ellis and Jenny L. Matthews, Rocky Mount, for defendant-appellee David R. Faber, II, M.D.

HUNTER, Judge.

Heather D. Acosta ("plaintiff") appeals from an order dismissing her complaint against David R. Faber, II, M.D. ("Dr.Faber") with prejudice. For the reasons stated herein, we reverse.

The issue in this case is whether the trial court properly dismissed plaintiff's complaint as to Dr. Faber. Plaintiff argues that the complaint stated a valid claim against Dr. Faber for negligent infliction of emotional...

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