Legal Opinion

Summey v. Barker

Court of Appeals of North Carolina

Decided December 3, 2002No. COA02-13PublishedCited by 5 opinions

1Opinion of the Court

WYNN, Judge.

Following the trial court’s grant of summary judgment dismissing plaintiff Joseph Patrick Summey’s medical malpractice and negligence actions, plaintiff presents two issues on appeal to this Court: (1) Did the trial court erroneously exclude his expert witness’ testimony as a discovery sanction for plaintiff’s failure to designate his expert in a timely fashion; and (2) Did the trial court err in granting summary judgment in favor of the defendants? We answer both questions, no; and therefore, we uphold the trial court’s grant of summary judgment in favor of defendants.

The…

2Cases cited4 opinions

  1. Moore v. Coachmen Industries, Inc.Court of Appeals of North Carolina · 1998
  2. Summey v. BarkerCourt of Appeals of North Carolina · 2001
  3. Routh v. WeaverCourt of Appeals of North Carolina · 1984
  4. Huffman v. InglefieldCourt of Appeals of North Carolina · 2001

3Cited by5 opinions

  1. Summey v. BarkerSupreme Court of North Carolina · 2003
  2. Holly v. ScottCourt of Appeals for the Fourth Circuit · 2006
  3. Holly v. ScottCourt of Appeals for the Fourth Circuit · 2006
  4. Ricky Lee Holly v. Willie Scott Gaddy LassiterCourt of Appeals for the Fourth Circuit · 2006
  5. Summey v. BarkerCourt of Appeals of North Carolina · 2002

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