Neeta Webb v. Robert E. Nolan, M.D.

Neeta Webb, pleading she was a resident and citizen of California, sought damages in the District Court from Robert E. Nolan, a resident and citizen of North Carolina, for alleged medical malpractice, laying jurisdiction of the action on diversity of citizenship. After an evidentiary hearing, the trial court, August 28, 1972, sustained the defendant’s motion to dismiss, finding the evidence insufficient to establish the plain*1050tiff’s citizenship elsewhere than in North Carolina when the action was commenced. Plaintiff appeals.

Upon consideration of the briefs, oral argument and the record, this…