Legal Opinion

Hager v. Smithfield E. Health Holdings, LLC

Court of Appeals of North Carolina

Decided March 19, 2019No. COA18-651PublishedCited by 35 opinions

1Opinion of the Court

INMAN, Judge.

*569 *351 A daughter's difficult decision to admit her father, who suffered from dementia, to a long-term assisted living and memory care facility as his attorney-in-fact did not create a fiduciary duty between the father and the facility.

This case arises out of a medical malpractice, negligence, and wrongful death action brought by the plaintiff Patricia Hager ("Ms. Hager"), daughter to and executrix of the Estate of Albert Hoffmaster ("Mr. Hoffmaster") against defendants Smithfield East Health Holdings, LLC d/b/a Gabriel Manor Assisted Living Center ("Smithfield East"), Smithfield…

2Cases cited18 opinions

  1. Abbitt v. . GregorySupreme Court of North Carolina · 1931
  2. Black v. LittlejohnSupreme Court of North Carolina · 1985
  3. Dallaire v. Bank of America, N.A.Supreme Court of North Carolina · 2014
  4. S.N.R. Management Corp. v. Danube Partners 141, LLCCourt of Appeals of North Carolina · 2008
  5. CommScope Credit Union v. Butler & Burke, LLPSupreme Court of North Carolina · 2016

13 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Loray Master Tenant, LLC v. Foss N.C. Mill Credit 2014 Fund I, LLCNorth Carolina Business Court · 2021
  2. McNew v. Fletcher Hosp., Inc.North Carolina Business Court · 2022
  3. Action Learning Assocs., LLC v. Kenan-Flagler Bus. Sch. Exec. Educ. LLCNorth Carolina Business Court · 2025
  4. Advisor Law, LLC v. HollandCourt of Appeals of North Carolina · 2026
  5. Bilfinger Inc. v. CargillCourt of Appeals of North Carolina · 2025

30 more not listed; retrieve them via the Exa API.

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