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LOCKLEAR v. CUMMINGS

No. 202A17.

817 S.E.2d 571 (2018)

Marjorie C. LOCKLEAR v. Matthew S. CUMMINGS, M.D., Southeastern Regional Medical Center, Duke University Health System, and Duke University Affiliated Physicians, Inc.

Supreme Court of North Carolina.

Filed August 17, 2018.

Attorney(s) appearing for the Case

Law Offices of Walter L. Hart, IV, by Walter L. Hart, IV ; and Fulmer Law Firm, L.L.C., by H. Asby Fulmer, III , pro hac vice, for plaintiff-appellee.

Cranfill Sumner & Hartzog LLP, by Katherine Hilkey-Boyatt , David D. Ward , Raleigh, and Matthew R. Gambale , Wilmington, for defendant-appellants Matthew S. Cummings, M.D., Duke University Health System, and Duke University Affiliated Physicians, Inc.

This matter is before the Court based upon a dissent at the Court of Appeals. Locklear v. Cummings, ___ N.C. App. ___, 801 S.E.2d 346 (2017). The dissent concluded that plaintiff pled "a claim of medical malpractice by a healthcare provider in her complaint, not a claim of ordinary negligence as asserted...

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