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PARKES v. HERMANN

No. 241PA19.

852 S.E.2d 322 (2020)

Anita Kathleen PARKES v. James Howard HERMANN.

Supreme Court of North Carolina.

Filed December 18, 2020.

Attorney(s) appearing for the Case

Melrose Law, PLLC, by Mark R. Melrose , Asheville, and Adam R. Melrose , for plaintiff-appellant.

Roberts & Stevens, P.A., by Phillip T. Jackson , Asheville, David C. Hawisher , and Elizabeth Dechant , for defendant-appellee.

D. Hardison Wood , Cary, and Charles Monnett III , Charlotte, for North Carolina Advocates for Justice, amicus curiae.

John H. Beyer , and Katherine H. Graham , Charlotte, for North Carolina Association of Defense Attorneys, amicus curiae.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP, Raleigh by Christopher G. Smith , for North Carolina Chamber Legal Institute, amicus curiae.

Linwood Jones , Raleigh, for North Carolina Healthcare Association, amicus curiae.

Norman F. Klick Jr. , Jerry A. Allen , Goldsboro, and Jocelyne Riehl , for North Carolina Medical Society and North Carolina College of Emergency Physicians, amici curiae.

In this case we are asked to change our existing jurisprudence regarding proximate causation and to establish a new cause of action, "loss of chance." We decline to make these significant changes because they are best left to the legislative branch. Specifically, this case is about whether...

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