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MOORE v. PROPER

No. COA10-1475.

715 S.E.2d 586 (2011)

Janet E. MOORE, Plaintiff, v. Daniel H. PROPER, Shaun O'Hearn, Dr. Shaun O'Hearn, DDS, P.A., and Affordable Care, Inc., Defendants.

Court of Appeals of North Carolina.

September 6, 2011.

Attorney(s) appearing for the Case

Long, Parker, Warren, Anderson & Payne, P.A., Asheville, by Steven R. Warren , for Plaintiff-appellant.

Cranfill Sumner & Hartzog LLP, by Jaye E. Bingham , Raleigh, for Defendant-appellee Daniel H. Proper.

Shumaker, Loop & Kendrick, LLP, Charlotte, by Scott A. Hefner and Scott M. Stevenson , for Defendants-appellees Shaun O'Hearn, Dr. Shaun O'Hearn, DDS, P.A., and Affordable Care, Inc.

HUNTER, JR., ROBERT N., Judge.

I. Factual and Procedural History

Janet E. Moore ("Plaintiff") sought treatment for a toothache on 16 January 2006 and was treated by Dr. Proper, a dentist in Dr. Shaun O'Hearn's office. On 12 January 2009, Plaintiff's counsel filed a motion and obtained an order from the court pursuant to Rule 9(j) extending the statute of limitations in a medical malpractice action to 16 May 2009 to seek an appropriate expert witness. Plaintiff...

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