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MORRIS v. RODEBERG

No. 296A22.

895 S.E.2d 328 (2023)

Freedom MORRIS v. David RODEBERG, M.D., individually and in his individual capacity, and Pitt County Memorial Hospital, Incorporated d/b/a Vidant Medical Center.

Supreme Court of North Carolina.

Filed December 15, 2023.

Attorney(s) appearing for the Case

Zaytoun Ballew & Taylor, PLLC, Raleigh, by Matthew D. Ballew and Robert E. Zaytoun ; The Law Offices of John M. McCabe, P.A., by Spencer S. Fritts ; and James A. Barnes IV , Cary, and Ryan D. Oxendine , Raleigh, for plaintiff-appellant.

Ellis & Winters LLP, Raleigh, by Alex J. Hagan , Michelle A. Liguori , and Chelsea Pieroni , for defendant-appellee David Rodeberg, M.D.; and Cranfill Sumner LLP, by Colleen N. Shea , Wilmington, and Steven A. Bader , Raleigh, for defendant-appellee Pitt County Memorial Hospital, Incorporated d/b/a Vidant Medical Center.

Roberts & Stevens, PA, by David C. Hawisher , for NCADA, amicus curiae.

Tin Fulton Walker & Owen PLLC, by Sam McGee , Charlotte, and Gagan Gupta , Raleigh, for North Carolina Advocates for Justice, amicus curiae.

A divided panel of the Court of Appeals interpreted the relevant statute of limitations to bar the medical malpractice claims alleged by plaintiff against defendants. It also rejected plaintiff's argument that the statute of limitations so construed violates his constitutional right to the equal protection of the laws. We conclude...

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