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HAMILTON v. THOMASVILLE MEDICAL

No. COA07-583.

654 S.E.2d 708 (2007)

Caroleen Myers HAMILTON, Executor of the Estate of Ronnie C. Hamilton, Sr., Deceased, Plaintiff, v. THOMASVILLE MEDICAL ASSOCIATES, INC. and Oscar M. Blackwell, M.D., Defendants.

Court of Appeals of North Carolina.

December 18, 2007.

Attorney(s) appearing for the Case

Charles Peed and Associates, P.A., by Charles O. Peed, Jr., and J. William Snyder, Jr., Winston-Salem, for plaintiff-appellant.

Elizabeth Horton, Winston-Salem, for defendants-appellees.

TYSON, Judge.

Caroleen Myers Hamilton, Executor of the Estate of Ronnie C. Hamilton, Sr. ("executrix"), appeals from an order granting Thomasville Medical Associates, Inc.'s and Dr. Oscar M. Blackwell's ("Dr. Blackwell") (collectively, "defendants") motion for summary judgment. We reverse and remand.

I. Background

On 18 March 2003, Ronnie C. Hamilton, Sr. ("Mr. Hamilton") filed a complaint, which alleged claims of medical malpractice, against...

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