McKOY v. BEASLEY

No. COA09-1315.

712 S.E.2d 712 (2011)

Debra McKOY, as Administratrix of the Estate of Arthur G. McKoy, deceased, Plaintiff, v. Charles R. BEASLEY, M.D., and The Lumberton Medical Clinic, P.A., Defendants.

Court of Appeals of North Carolina.

July 5, 2011.


Attorney(s) appearing for the Case

Fuller & Barnes, LLP, Charlotte, by Trevor M. Fuller and Michael D. Barnes , for plaintiff-appellant.

Yates, McLamb & Weyher, L.L.P., by John W. Minier and Heather R. Wilson , Raleigh, for defendants-appellees.

McGuireWoods, LLP, Raleigh, by Claire A. Modlin , Monica E. Webb , and Matthew M. Calabria , Amicus Curiae for North Carolina Association of Defense Attorneys.


STEELMAN, Judge.

Where plaintiff's original complaint seeking damages for medical negligence was devoid of any allegations complying with Rule 9(j) of the Rules of Civil Procedure, this defect could not be corrected by filing a second complaint following dismissal of the first complaint. Where plaintiff failed to raise a constitutional challenge to the constitutionality of Rule 9(j) in her pleadings, and failed to adequately develop that argument before the trial...

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