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ESTATE OF RAY EX REL. RAY v. FORGY

No. COA12-1071.

744 S.E.2d 468 (2013)

The ESTATE OF Donna S. RAY, by Thomas D. RAY and Robert A. Wilson, IV, Administrators of the Estate of Donna S. Ray, and Thomas D. Ray, Individually, Plaintiffs, v. Keith FORGY, M.D., P.A., individually and as Agent/Apparent Agent of Grace Hospital, Inc. [sic], and/or Grace HealthCare System, Inc. [sic], and/or Blue Ridge HealthCare Systems, Inc. [sic] and/or Carolinas HealthCare System, Inc. [sic] and as an Agent/Apparent Agent, Employee and Shareholder of Mountain View Surgical Associates, [sic] and Grace Hospital, Inc., and/or Grace HealthCare System, Inc., and/or Blue Ridge HealthCare System, Inc. [sic], and/or Carolinas HealthCare System, Inc. [sic], Defendants.

Court of Appeals of North Carolina.

May 7, 2013.

Attorney(s) appearing for the Case

Poyner Spruill LLP, Charlotte, by E. Fitzgerald Parnell, III and Cynthia L. Van Horne ; Crowe & Davis, P.A., Conover, by H. Kent Crowe ; Hill, Peterson, Carper, Bee & Deitzler, P.L.L.C, by C. Michael Bee ; and C. Sue Holvey , PLLC, by C. Sue Holvey, for plaintiffs-appellants.

Roberts & Stevens, P.A., by Phillip T. Jackson , Marion and Ann-Patton Hornthal, Asheville, for defendants-appellees Grace Hospital, Inc. and Blue Ridge HealthCare System, Inc.

Patterson Harkavy LLP, Raleigh, by Burton Craige , amicus curiae for the North Carolina Advocates for Justice.

Bennett & Guthrie, PLLC, Winston-Salem, by Richard V. Bennett and Joshua H. Bennett , amicus curiae for the North Carolina Association of Defense Attorneys.

Linwood L. Jones , Raleigh, amicus curiae for the North Carolina Hospital Association.

MARTIN, Chief Judge.

The Estate of Donna S. Ray and Thomas D. Ray, individually, (together, "plaintiffs") filed suit on 25 August 2004 against Dr. Keith Forgy, M.D. ("Dr. Forgy"), Grace Hospital, Inc., Blue Ridge HealthCare System, Inc., Carolinas HealthCare System, Inc., and Grace HealthCare System, Inc., (together, "hospital defendants") alleging negligence by Dr. Forgy and by defendants under the theories of apparent agency and corporate negligence. After initially...

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