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STOCUM v. OAKLEY

No. COA06-957.

648 S.E.2d 227 (2007)

Keith Joseph STOCUM, Jr. and Cynthia Ivey Stocum, Plaintiffs, v. Ward Sayre OAKLEY, Jr., M.D., and Pinehurst Surgical Clinic, P.A., Defendants.

Court of Appeals of North Carolina.

August 7, 2007.

Attorney(s) appearing for the Case

Troutman Sanders LLP, by Gary S. Parsons and Gavin B. Parsons; Crisp, Page & Currin, L.L.P., by Cynthia M. Currin, Raleigh, for plaintiff-appellants.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., by Deanna Davis Anderson, Raleigh, for defendant-appellees.

HUNTER, Judge.

This cause of action arose after Dr. Ward Sayre Oakley, Jr., who was employed by Pinehurst Surgical Clinic, P.A., performed surgery on Keith Stocum, Jr. Keith Stocum, Jr. and Cynthia Stocum ("plaintiffs") sued Pinehurst and Dr. Oakley ("defendants") for bodily injuries and loss of consortium. Plaintiffs also asserted claims for res ipsa loquitur, a claim for foreign object left in a body, and constructive fraud. Plaintiffs appeal from an order...

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