WEAVER v. SHEPPA

No. COA07-52.

651 S.E.2d 395 (2007)

Kenneth Wayne WEAVER, and Ann Weaver, Plaintiffs, v. Charles Michael SHEPPA, M.D., Leslie Patricia Marshall, M.D., and Raleigh Emergency Medicine Associates, Inc., Defendants.

Court of Appeals of North Carolina.

October 16, 2007.


Attorney(s) appearing for the Case

Knott, Clark & Berger, L.L.P., by Joe Thomas Knott, III, Michael W. Clark and Kenneth R. Murphy, III, Raleigh, for plaintiffs-appellants.

Young Moore & Henderson, P.A., by William P. Daniell; and Ellis & Winters, LLP, by Leslie C. O'Toole, Raleigh, for defendants-appellees.


SMITH, Judge.

Kenneth and Ann Weaver (hereinafter Mr. Weaver and Mrs. Weaver respectively and collectively plaintiffs) appeal entry of judgment notwithstanding the verdict (herein JNOV) pursuant to N.C. Gen.Stat. § 1A-1, Rule 50(b) in favor of defendants. We reverse.

The pertinent facts may be summarized as follows: At approximately 5:00 a.m. on 29 September 2000, Mr. Weaver was unable to stand after sitting down in the bathroom of his home. The symptoms...

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