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FORD v. McCAIN

No. COA07-2.

666 S.E.2d 153 (2008)

Cecelia L. FORD, Administrator of the Estate of Willie Lee Ford, Jr., deceased, Plaintiff, v. Trent W. McCAIN, M.D., Forsyth Medical Center, Inc., and Novant Health, Inc., Defendants.

Court of Appeals of North Carolina.

September 16, 2008.

Attorney(s) appearing for the Case

Robert E. Probst, Winston-Salem, for plaintiff-appellant.

Bennett & Guthrie, P.L.L.C., by Richard V. Bennett, Roberta B. King, and Jason P. Burton, Winston-Salem, for defendant-appellee Trent W. McCain, M.D.

GEER, Judge.

Plaintiff Cecelia L. Ford appeals from the grant of defendant Trent W. McCain's motion to dismiss pursuant to Rules 12(b)(6) and 9(j) of the North Carolina Rules of Civil Procedure and the statute of limitations. Defendants Forsyth Medical Center, Inc. and Novant Health, Inc. are not parties to this appeal. Plaintiff filed her initial complaint, including the certification required by Rule 9(j), prior to the...

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