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LUMLEY v. CAPOFERI

No. COA94-1171.

463 S.E.2d 264 (1995)

120 N.C. App. 578

Alvin Lee LUMLEY and Dolly Lee Lumley v. Nancy C. CAPOFERI, and Durham Cardiovascular Health Center, P.A.

Court of Appeals of North Carolina.

November 7, 1995.

Attorney(s) appearing for the Case

Law Office of Martin A. Rosenberg by Martin A. Rosenberg, Chapel Hill, for plaintiffs appellants.

Patterson, Dilthey, Clay & Bryson, L.L.P. by Robert M. Clay and Donna R. Rutala, Raleigh, for Nancy C. Capoferi, defendant appellee.

Petree Stockton, L.L.P. by James P. Cain and Robert H. Lesesne, Raleigh, for Durham Cardiovascular Health Center, defendant appellee.

SMITH, Judge.

This is a negligence action based upon alleged medical malpractice brought by plaintiffs Alvin Lee Lumley and Dolly Lee Lumley against Nancy C. Capoferi, Durham Cardiovascular Health Center, P.A., Khye Weng Ng, a/k/a Dr. Weng and Durham Clinic, P.A. On 12 August 1993 plaintiffs took a voluntary dismissal with prejudice of their claims against defendants Dr. Weng and the Durham Clinic. The trial against the remaining defendants commenced on 14 March 1994...

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