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NORTH CAROLINA BAPTIST HOSP., INC. v. FRANKLIN

No. 8925SC837.

405 S.E.2d 814 (1991)

103 N.C. App. 446

NORTH CAROLINA BAPTIST HOSPITALS, INC. v. Melanie Beth FRANKLIN, by her Guardian Ad Litem, C. Thomas EDWARDS.

Court of Appeals of North Carolina.

July 16, 1991.

Attorney(s) appearing for the Case

Turner, Enochs, Sparrow, Boone & Falk, P.A. by B.J. Pearce, Greensboro, for plaintiff-appellee.

Byrd, Byrd, Ervin, Whisnant, McMahon & Ervin, P.A. by Robert B. Byrd, Lawrence D. McMahon, Jr. and Sam J. Ervin, IV, Morganton, for defendant-appellant.

PHILLIPS, Judge.

The dispositive issue in this case is whether under the circumstances established defendant child is liable under the necessaries doctrine for the hospital services furnished her by plaintiff. The following legal principles apply: The necessaries doctrine, under which infants, lunatics and others generally incapable of entering into enforceable contracts may be held liable for necessaries, one of which is medical and hospital care when ill or injured...

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