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BOYKIN v. WILSON MEDICAL CENTER

No. COA09-450.

686 S.E.2d 913 (2009)

Susan BOYKIN, Administratrix of the Estate of Claudia Faison, Plaintiff, v. WILSON MEDICAL CENTER, Wilson Emergency Group, P.A., and John Killgore, Defendants.

Court of Appeals of North Carolina.

December 22, 2009.

Attorney(s) appearing for the Case

Ferguson, Stein, Chambers, Gresham & Sumter, P.A., by Adam Stein, Chapel Hill, for plaintiff-appellee.

Smith Moore Leatherwood LLP, by Sidney S. Eagles, Jr., Elizabeth Brooks Scherer, Matthew Nis Leerberg; and Teague Campbell Dennis & Gorham, LLP, by Carrie E. Meigs and Courtney S. Britt, Raleigh, for defendant-appellant Wilson Medical Center.

John Killgore, pro se defendant-appellant.

STEELMAN, Judge.

Where the trial court granted Plaintiff's motion for a new trial pursuant to Rule 59(a)(9) of the North Carolina Rules of Civil Procedure based upon juror and counsel fatigue, we discern no abuse of discretion. The failure of Plaintiff to object to the trial court's schedule did not prohibit the trial court from considering the schedule in determining whether a new trial should be awarded under Rule 59(a)(9). Where the trial court unilaterally imposed...

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