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CROCKER v. ROETHLING

No. 374PA07.

675 S.E.2d 625 (2009)

Ronald CROCKER and Paulette Crocker as Co-Administrators of the Estate of Reagan Elizabeth Crocker v. H. Peter ROETHLING, M.D. and Wayne Women's Clinic, P.A.

Supreme Court of North Carolina.

May 1, 2009.

Attorney(s) appearing for the Case

The McLeod Law Firm, P.A., by Joe McLeod; and Law Offices of Wade E. Byrd, P.A., by Wade E. Byrd, Fayetteville, for plaintiff-appellants.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., by Samuel G. Thompson and William H. Moss, Raleigh, for defendant-appellees.

Patterson Harkavy, LLP, by Burton Craige, Raleigh, for North Carolina Academy of Trial Lawyers, amicus curiae.

HUDSON, Justice.

In this medical malpractice case, we consider whether the trial court properly excluded plaintiffs' expert and granted summary judgment for defendants when the expert's opinions of his familiarity with the community at issue and of defendants' breach of the standard of care satisfy the requirements of N.C.G.S. § 90-21.12. We conclude that here, the expert's deposition and affidavit demonstrate "sufficient familiarity" with the "same or similar...

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