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HEALTH MANAGEMENT ASSOCIATES, INC. v. YERBY

No. COA10-577.

715 S.E.2d 513 (2011)

HEALTH MANAGEMENT ASSOCIATES, INC., and Louisburg H.M.A., Inc. d/b/a Franklin Regional Medical Center, Plaintiffs, v. Lemuel G. YERBY, III, M.D., Triangle Surgical Associates, P.A., Medical Mutual Insurance Company of North Carolina a/k/a Medical Mutual Insurance Company of North Carolina, Inc., Medical Mutual Services, LLC, and Steven Schwam, M.D., Defendants.

Court of Appeals of North Carolina.

August 16, 2011.

Attorney(s) appearing for the Case

The Mitchell Law Group, by Ronnie M. Mitchell , Fayetteville and Grant S. Mitchell , for plaintiff-appellants.

Young Moore and Henderson P.A., by Kelly E. Street , William P. Daniell , Raleigh, and Robert D. Walker, Jr. , Goldsboro, for defendant-appellees.

STEELMAN, Judge.

Where HMA was judicially estopped from asserting that the corporate veil should be pierced between HMA and Louisburg HMA, HMA was not licensed as an insurance carrier in North Carolina, and Louisburg HMA paid no monies to settle the Faulkner lawsuit, the trial court did not err in finding that neither HMA nor Louisburg HMA had standing to recover contribution from defendants. Where there was no factual issue that Dr. Yerby and Triangle Surgical Associates...

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