Legal Opinion

Kennedy v. DeAngelo

Court of Appeals of North Carolina

Decided February 19, 2019No. COA18-603Published

1Opinion of the Court

DIETZ, Judge.

*66 Plaintiff Jocelyn Kennedy appeals the dismissal of her medical malpractice claims against Dr. Kelly Prettyman and her employer for failure to comply with Rule 9(j) of the Rules of Civil Procedure. Dr. Prettyman is a general dentist and the malpractice claims against her relate to the practice of general dentistry. But the experts Kennedy identified in the Rule 9(j) certification are a periodontist and an oral surgeon, neither of whom regularly practices in the field of general dentistry.

As explained below, the record supports the trial court's determination that Kennedy could…

2Cases cited4 opinions

  1. FormyDuval v. BunnCourt of Appeals of North Carolina · 2000
  2. Roush v. KennonCourt of Appeals of North Carolina · 2008
  3. Estate of Wooden ex rel. Jones v. Hillcrest Convalescent Center, Inc.Court of Appeals of North Carolina · 2012
  4. Braden v. LoweCourt of Appeals of North Carolina · 2012

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