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WELLS v. CUMBERLAND COUNTY HOSP. SYSTEM

No. COA06-420.

640 S.E.2d 400 (2007)

James A. WELLS, Guardian for Frank Wells, Plaintiff v. CUMBERLAND COUNTY HOSPITAL SYSTEM, INC. and S & R Health Care, Inc., dba Open Arms Rest Home, Defendants.

Court of Appeals of North Carolina.

February 6, 2007.

Attorney(s) appearing for the Case

Gill & Tobias, LLP, by Douglas R. Gill, Southern Pines; H. Bright Lindler, Rockingham, for plaintiff-appellant.

Patterson, Dilthey, Clay, Bryson & Anderson, L.L.P., by Mark E. Anderson, Charles George, and Jessica M. Lewis, Raleigh, for defendant-appellant.

HUNTER, Judge.

James A. Wells, as guardian for Frank Wells ("plaintiff"), appeals from an order of the trial court granting summary judgment in favor of Cumberland County Hospital System, Inc. ("defendant"). Plaintiff argues the trial court erred in concluding that plaintiff's suit was barred by the statute of repose. Defendant separately appeals from an order of the trial court denying its motion to dismiss. Defendant argues the trial court should have dismissed...

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