TATHAM v. HOKE

No. C-C-78-083.

469 F.Supp. 914 (1979)

Charlotte Gwen TATHAM, Plaintiff, v. Dr. Harold HOKE, Defendant and Third-Party Plaintiff, v. Dr. Don R. Capell, Dr. J. L. Simpson, Dr. W. F. Strait, III, Rock Hill Gynecological and Obstetrical Associates, P.A., Third-Party Defendants.

United States District Court, W. D. N. Carolina, Charlotte Division.

April 18, 1979.


Attorney(s) appearing for the Case

W. J. Chandler, Haynes, Baucom, Chandler & Claytor, P.A., Charlotte, N. C., for plaintiff.

William H. Elam, Elam & Kaplan, P.A., Charlotte, N. C., for defendant and third-party plaintiff.

J. A. Gardner, III, Hedrick Parham, Helms, Kellam & Feerick, Charlotte, N. C., for third-party defendants.


ORDER

McMILLAN, District Judge.

On March 9, 1978, plaintiff Charlotte Gwen Tatham filed this action alleging that on April 2, 1977, defendant Dr. Harold Hoke negligently performed an abortion resulting in her subsequent hospitalization and surgical treatment. Defendant Hoke answered and moved to dismiss the complaint for plaintiff's failure to comply with the notice and amount-of-liability limitations stated on one side of the agreement the parties entered...

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