Spencer v. Albemarle Hospital

TIMMONS-GOODSON, Judge.

Matthew J. Spencer (“plaintiff’), in his capacity as administrator and personal representative for the estate of Erica Shanae Young (“decedent”), appeals from an order of the trial court dismissing plaintiffs claims against Albemarle Hospital, Philip D. Bagby, William Russell, M.D., Albemarle Radiology, Ltd., Sarah Hudson, M.D., CMG of North Carolina, Inc., and Ann Trainer (collectively, “defendants”) for failure to prosecute. For the reasons stated herein, we reverse the order of the trial court.

The relevant facts of the present appeal are as follows: On 20 March 2000,…