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SPANGLER v. OLCHOWSKI

No. COA07-158.

654 S.E.2d 507 (2007)

Gary W. SPANGLER, Executor of the Estate of Jessica J. Spangler, Plaintiff v. Steven E. OLCHOWSKI, M.D.; Conrad J.R. Miranda, IV, M.D.; Sina Surgical Associates, P.A.; and Atlantic Bariatric Center, Incorporated, Defendants.

Court of Appeals of North Carolina.

December 18, 2007.

Attorney(s) appearing for the Case

Jennifer L. Umbaugh, Wrightsville; and Melissa A. Pollock, Wilmington, for plaintiff appellant.

Robert S. Shields, Jr., and Jonathan T. Mlinarcik, New Bern, for Steven E. Olchowski, M.D., defendant appellee.

Crawford & Crawford, LLP, by Robert O. Crawford III, and Renee B. Crawford, Raleigh, for Sina Surgical Associates, P.A., defendant appellee.

McCULLOUGH, Judge.

On 13 November 2002, Jessica Spangler ("decedent") filed a medical malpractice action against Steven E. Olchowski, M.D. ("Olchowski"), Conrad J.R. Miranda, M.D. ("Miranda"), Sina Surgical Associates, P.A. ("Sina"), and Atlantic Bariatric Center, Inc. ("Atlantic Bariatric") (collectively "defendants"). On 15 January 2006, decedent died of unrelated causes. Her father, Gary W. Spangler, as executor of her estate, was substituted as the party-plaintiff...

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