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CARLTON v. MELVIN

No. COA09-930.

697 S.E.2d 360 (2010)

Tina A. CARLTON, as Personal Representative of the Estate of Adam Wayne Carlton, and Robert Brent Carlton and Tina A. Carlton, Individually, Plaintiffs, v. Teresa B. MELVIN, M.D.; Lake Norman Ob-Gyn, L.L.P.; Rajal M. Patel, M.D.; Michaela Renich, M.D.; Thomas E. Gross, M.D.; Michelle Stowe Ong, M.D., David L. Jaroszewski, M.D., Primary Care Associates, a partnership, Kimberly Glass Ramsdell, M.D.; Growing Up Pediatrics, PLLC; William Johnston Edmiston, Jr., M.D.; Lake Norman Anesthesia Associates, P.A.; Ernest Gross, CRNA; Lake Norman Regional Medical Center; Health Management Associates, Inc.; Health Management Associates, Inc. of Delaware; Mooresville Hospital Management Associates, Inc.; and Hospital Management Associates of Mooresville, Inc., Defendants.

Court of Appeals of North Carolina.

July 20, 2010.

Attorney(s) appearing for the Case

Grant Richman, PLLC, Newton, by Robert M. Grant, Jr., for Plaintiff-Appellant.

Carruthers & Bailey, P.A., Winston-Salem, by J. Dennis Bailey, for Defendants-Appellees.

STEPHENS, Judge.

I. Procedural Background

This case concerns the death of Adam W. Carlton on 6 June 2003. Adam was the second of twins born to Tina A. Carlton on 2 June 2003. Pursuant to N.C. Gen.Stat. § 1-53(4), the statute of limitations for a wrongful death action expires two years after the date of death.1 Thus, the statute of limitations in this matter would have expired on 6 June 2005. On 1 June 2005, Plaintiffs...

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