Legal Opinion · Dissent

Charlotte-Mecklenburg Hospital Authority v. Talford

Court of Appeals of North Carolina

Decided August 2, 2011No. COA10-897Published

1DissentErvin, Judge

Although I concur in the Court’s determination that Defendant’s failure to challenge the trial court’s decision with respect to the issue of liability on appeal necessarily means that the only question before us is the appropriateness of the trial court’s decision to enter judgment in favor of Plaintiff on the issue of damages, I am unable to join that portion of the Court’s opinion that concludes that the trial court erred by granting summary judgment in favor of Plaintiff with respect to the damages issue. As a result, I join the Court in affirming the trial court’s decision to grant…

2Cases cited34 opinions

  1. Doe v. HCA Health Services of Tennessee, Inc.Tennessee Supreme Court · 2001
  2. Boudreau v. BaughmanSupreme Court of North Carolina · 1988
  3. Viar v. North Carolina Department of TransportationSupreme Court of North Carolina · 2005
  4. Kidd v. EarlySupreme Court of North Carolina · 1976
  5. Page v. SloanSupreme Court of North Carolina · 1972

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