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MORRIS v. SOUTHEASTERN ORTH. SPORTS MED.

No. COA08-1372.

681 S.E.2d 840 (2009)

Ruth Ann MORRIS, Plaintiff, v. SOUTHEASTERN ORTHOPEDICS SPORTS MEDICINE AND SHOULDER CENTER, P.A., Kevin P. Speer, Executive Surgical Center, Inc., Stocks Surgical Center, P.L.L.C., and Lewis Henry Stocks, III, Defendants.

Court of Appeals of North Carolina.

September 1, 2009.

Attorney(s) appearing for the Case

The Law Offices of Robert O. Jenkins, by Robert O. Jenkins, Raleigh, for plaintiff-appellant.

Crawford & Crawford, LLP, by Renee B. Crawford, Robert O. Crawford, III, and Heather J. Williams, Raleigh, for defendant-appellees.

STROUD, Judge.

Plaintiff appeals from the order dismissing her medical negligence complaint with prejudice pursuant to Rule 9(j) of the North Carolina Rules of Civil Procedure. We reverse and remand.

I. Background

On 23 September 2002, plaintiff fractured her right clavicle while rollerblading. Plaintiff sought treatment from defendant Kevin P. Speer, M.D. ("Dr.Speer"), an employee of defendant Southeastern Orthopedics Sports Medicine and Shoulder...

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