Muse v. Charter Hospital of Winston-Salem, Inc., 342 N.C. 403 (1995)

Dec. 8, 1995 · Supreme Court of North Carolina · No. 73A95
342 N.C. 403

DELBERT JOSEPH MUSE, JR., Administrator of the Estate of DELBERT JOSEPH MUSE, III, and JANE K. MUSE v. CHARTER HOSPITAL OF WINSTON-SALEM, INC. and CHARTER MEDICAL CORPORATION

No. 73A95

(Filed 8 December 1995)

Appeal by defendant pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 117 N.C. App. 468, 452 S.E.2d 589 (1995), finding no error in a trial that resulted in a judgment for plaintiff entered on 9 January 1992 and an order filed on 11 June 1992 nunc pro tunc 5 March 1992 by Ross, J., in Superior Court, Guilford County. Heard in the Supreme Court 14 November 1995.

Wade E. Byrd for plaintiff-appellees.

Smith Helms Mulliss & Moore, L.L.P., by Bynum M. Hunter and Alan W. Duncan; and Ricci, Hubbard, Leopold & Frankel, P.A., by James R. Hubbard, for defendant-appellants.

Poyner & Spruill, L.L.P., by Benjamin P. Dean, on behalf of North Carolina Association of Defense Attorneys, amicus curiae.

Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, P.A., by Adam Stein; and Elizabeth F. Kuniholm on behalf of North Carolina Academy of Trial Lawyers, amicus curiae.

PER CURIAM.

AFFIRMED.

Chief Justice MITCHELL and JUSTICE ORR did not participate in the consideration or decision of this case.