CINOMAN v. UNIVERSITY OF NORTH CAROLINA

No. COA13-902-2.

764 S.E.2d 619 (2014)

Michael I. CINOMAN, M.D., and Medical Mutual Insurance Company of North Carolina, Plaintiffs, v. The UNIVERSITY OF NORTH CAROLINA; The University of North Carolina Healthcare System, d/b/a The University of North Carolina Hospitals at Chapel Hill; The University of North Carolina, d/b/a The School of Medicine of the University of North Carolina at Chapel Hill; The University of North Carolina, d/b/a The University of North Carolina Liability Insurance Trust Fund; William L. Roper, in his Capacity as Dean of the School of Medicine of the University of North Carolina at Chapel Hill; Brian Goldstein in his Capacity as Chairman of the University of North Carolina Liability Insurance Trust Fund Council; Thomas M. Stern, as Guardian ad Litem for Armani Wakefall; and WakeMed, Defendants.

Court of Appeals of North Carolina.

Filed July 1, 2014.


Attorney(s) appearing for the Case

Manning, Fulton & Skinner, P.A., Raleigh, by Michael T. Medford and J. Whitfield Gibson , for plaintiffs-appellants.

Hedrick Gardner Kincheloe & Garofalo, LLP, Charlotte, by David N. Allen , J. Douglas Grimes , and M. Duane Jones , for the University of North Carolina defendants-appellees.

Tin, Fulton, Walker & Owen, by William Simpson , and Ferguson, Chambers & Sumter, P.A., by James E. Ferguson II , for defendant-appellee Thomas M. Stern, as Guardian ad Litem for Armani Wakefall.


MARTIN, Chief Judge.

Plaintiffs Michael I. Cinoman, M.D. and Medical Mutual Insurance Company of North Carolina ("MMIC") appeal from an order granting UNC defendants'1 motion to stay this declaratory action pending a final resolution of the underlying malpractice action. On 4 March 2014, this Court filed an opinion reversing the stay order. UNC defendants filed a Petition for Rehearing on 8 April 2014, which we allowed on 17 April 2014...

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