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SIMMONS v. PARKINSON

No. COA94-1109.

458 S.E.2d 726 (1995)

119 N.C. App. 424

Roberta SIMMONS, Executrix of the Estate of Elijah Culbert Simmons, Plaintiff, v. Jon PARKINSON, M.D., Defendant.

Court of Appeals of North Carolina.

July 5, 1995.

Attorney(s) appearing for the Case

Berry & Byrd by Wade E. Byrd, Fayetteville, for plaintiff.

Anderson, Broadfoot, Johnson, Pittman, Lawrence & Butler by Lee B. Johnson, Fayetteville, for defendant.

JOHNSON, Judge.

This is a medical malpractice action in which defendant John Parkinson, M.D., a psychiatrist, was charged with negligently failing to treat Elijah Culbert Simmons. Mr. Simmons committed suicide on 10 February 1989. The case was tried before a jury.

During the voir dire of prospective jurors, counsel for plaintiff advised the jury that in his opinion, the trial court, if requested, would hear answers from prospective jurors out of the...

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