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VINSON v. WALLACE

No. 896SC288.

385 S.E.2d 810 (1989)

Calvin C. VINSON, for himself and as Executor of the Estate of Elva Ann Reed Vinson, Plaintiff, v. Kelley WALLACE, Jr. and Pitt County Memorial Hospital, Inc., Defendants.

Court of Appeals of North Carolina.

November 21, 1989.

Attorney(s) appearing for the Case

Perry W. Martin, Ahoskie, and Clifton & Singer by Richard G. Singer, Raleigh, for plaintiff-appellee.

Ward and Smith by Thomas E. Harris, New Bern, for defendant-appellant Kelley Wallace, Jr.

No brief filed for defendant-appellant Pitt County Memorial Hospital, Inc.

PHILLIPS, Judge.

This personal injury-wrongful death action arose out of a "tummy tuck" operation that defendant Wallace, a Beaufort County surgeon, performed on plaintiff's testator, Elva Ann Reed Vinson, in the Pitt County Memorial Hospital in Greenville. Before answering the complaint defendant hospital, as a county instrumentality, moved as a matter of right under G.S. 1-77 and Coats v. Sampson County Memorial Hospital, Inc., 264 N.C. 332...

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