Taylor v. Vencor, Inc.

WALKER, Judge.

Plaintiff Carol Taylor filed this action alleging negligence in the wrongful death of her mother, Rosa Taylor. Defendants denied liability and subsequently moved to dismiss the action pursuant to Rules 12(b) and 9(j) of the North Carolina Rules of Civil Procedure. Prior to the trial court’s ruling on defendants’ motion, plaintiff moved for leave to amend the complaint, which was denied. Based on plaintiff’s failure to comply with Rule 9(j), the trial court granted defendants’ motion to dismiss with prejudice.

Plaintiffs complaint alleged the following: Rosa Taylor, a resident of…