WINEBARGER v. PETERSON

No. COA 06-734.

642 S.E.2d 544 (2007)

Paula WINEBARGER, as Executrix of the Estate of Betty Ann Rogers v. Celeste V. PETERSON, D.O.

Court of Appeals of North Carolina.

April 3, 2007.


Attorney(s) appearing for the Case

Hall & Hall Attorneys at Law, P.C., by Douglas L. Hall, Morganton, for Plaintiff-Appellant.

Shumaker, Loop, & Kendrick, L.L.P., by Scott M. Stevenson and Robert E. Sumner, IV, Charlotte, for Defendant-Appellee.


WYNN, Judge.

In Thigpen v. Ngo,1 our Supreme Court held that dismissal of a medical malpractice complaint is mandatory if plaintiff fails to comply with the Rule 9(j)2 expert certification mandate. The issue in this case is whether a Rule 41(a)3 voluntary dismissal tolls the statute of limitations where the plaintiff admits the...

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