HARVEY v. McLAUGHLIN

No. COA04-1597.

616 S.E.2d 660 (2005)

John HARVEY, Plaintiff, v. Patrick D. McLAUGHLIN, D.C., d/b/a McLaughlin Chiropractic Center, Defendant.

Court of Appeals of North Carolina.

August 16, 2005.


Attorney(s) appearing for the Case

Donald J. Dunn, New Bern, for plaintiff-appellant.

Cranfill, Sumner & Hartzog, L.L.P., by Meredith Black, Raleigh, for defendant-appellee.


CALABRIA, Judge.

John Harvey ("plaintiff") appeals an order of the trial court dismissing his malpractice claim against Patrick D. McLaughlin, D.C. ("defendant") for chiropractic treatment. The trial court dismissed plaintiff's claim on the grounds that it was barred by the doctrine of judicial estoppel. We reverse.

According to a final compromise settlement agreement (the "agreement") entered into between plaintiff...

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