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MOORE v. PROPER

No. 443A11.

726 S.E.2d 812 (2012)

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

Supreme Court of North Carolina.

June 14, 2012.

Attorney(s) appearing for the Case

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

Cranfill Sumner & Hartzog LLP, by Samuel H. Poole, Jr. , Jaye E., M. Janelle Lyons , Charlotte, and Bingham-Hinch , for Daniel H. Proper; and Shumaker, Loop & Kendrick, LLP, by Scott M. Stevenson, Charlotte, and Scott A. Heffner, for Shaun O'Hearn, Dr. Shaun O'Hearn, DDS, P.A., and Affordable Care, Inc.; defendant-appellants.

Zaytoun Law Firm, PLLC, by Matthew D. Ballew ; and Ferguson Stein Chambers Gresham & Sumter, P.A., Chapel Hill, by Adam Stein ; for North Carolina Advocates for Justice, amicus curiae.

Carruthers & Roth, P.A., Greensboro, by Norman F. Klick, Jr. and Robert N. Young , for North Carolina Association of Defense Attorneys, amicus curiae.

MARTIN, Justice.

This suit arises from plaintiff's visit to the dentist for a routine tooth extraction, which plaintiff alleges resulted in a broken jaw. The trial court granted defendants' motions for summary judgment "because Plaintiff failed to comply with Rule 9(j) of the North Carolina Rules of Civil Procedure in that no reasonable person would have expected Dr. Joseph Dunn to qualify as an expert witness under Rule 702 of the North Carolina Rules of Evidence...

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