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MEDICAL MUTUAL INS. CO. OF N.C. v. MAULDIN

No. COA99-33.

529 S.E.2d 697 (2000)

MEDICAL MUTUAL INSURANCE COMPANY OF NORTH CAROLINA, Plaintiff, v. Gary Eugene MAULDIN, M.D., and Sylva Anesthesiology, P.A., Defendants.

Court of Appeals of North Carolina.

May 2, 2000.

Attorney(s) appearing for the Case

Roberts & Stevens, P.A., by James W. Williams, Asheville, for plaintiff-appellant.

Wade E. Byrd, Fayetteville and Van Winkle, Buck, Wall, Starnes & Davis, P.A., by

Stephen B. Williamson and Michelle Rippon, Asheville, for defendant-appellees.

MARTIN, Judge.

Plaintiff, Medical Mutual Insurance Company of North Carolina (Medical Mutual), appeals from the trial court's order granting summary judgment in favor of defendants Gary Eugene Mauldin, M.D., and Sylva Anesthesiology, P.A. The present action arises out of a suit instituted by Mary E. Houston, Administratrix of the Estate of Donald Gordon Houston, alleging Mr. Houston's wrongful death as a result of negligence on the part of John P. Erdman, M.D.; Dr...

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