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KING v. CAPE FEAR MEMORIAL HOSP., INC.

No. 895SC263.

385 S.E.2d 812 (1989)

Helen KING, Individually and as Administratrix of the Estate of John Carrol King, Deceased, Plaintiffs, v. CAPE FEAR MEMORIAL HOSPITAL, INC., Joseph L. Soto, Administrator of Cape Fear Memorial Hospital, Inc., Dr. Oliver R. Hunt, Oliver R. Hunt, P.A., Carrol Johnson, C. Bullock and E. Kramer, Defendants.

Court of Appeals of North Carolina.

November 21, 1989.

Attorney(s) appearing for the Case

Otho L. Graham and Wallace, Morehead City, Wallace, Morris, Barwick & Rochelle P.A., by Fitzhugh E. Wallace, Jr., Kinston, for plaintiff, appellant.

Ward and Smith, P.A. by Thomas E. Harris and C. David Creech, New Bern, for defendants, appellees Cape Fear Memorial Hosp. Inc., Joseph L. Soto, Carrol Johnson, M.D., and Elizabeth Kramer.

Yates, Fleishman, McLamb & Weyer by Dan J. McLamb, Raleigh, for defendants, appellees Dr. Oliver R. Hunt and Oliver R. Hunt, P.A.

HEDRICK, Chief Judge.

In her first assignment of error, plaintiff contends the trial court erred in granting defendants' motions to dismiss for failure to state a claim under Rule 12(b)(6). She argues her claims were not barred by the applicable statutes of limitations because of the discovery exception for medical malpractice actions in G.S. 1-15(c) which provides in pertinent part:

Whenever there is bodily injury...

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