Legal Opinion

Fairfield v. WakeMed

Court of Appeals of North Carolina

Decided October 2, 2018No. COA18-295PublishedCited by 10 opinions

1Opinion of the Court

DAVIS, Judge.

*570 In this case, we must once again determine the effect of a litigant's failure to fully comply with the pleading requirements imposed by Rule 9(j) of the North Carolina Rules of Civil Procedure on a complaint alleging medical malpractice. Starla Fairfield and Lenny Fairfield ("Plaintiffs") appeal from the trial court's order dismissing this action based on their noncompliance with Rule 9(j). We affirm.

Factual and Procedural Background

We have summarized the pertinent facts below using Plaintiffs' own statements from their complaint, which we treat as true in reviewing a trial…

2Cases cited8 opinions

  1. Stein v. Asheville City Board of EducationSupreme Court of North Carolina · 2006
  2. Thigpen v. NgoSupreme Court of North Carolina · 2002
  3. Moore v. ProperSupreme Court of North Carolina · 2012
  4. Podrebarac v. Horace, Talley, Pharr, & Lowndes, P.A.Court of Appeals of North Carolina · 2013
  5. Alston v. HueskeCourt of Appeals of North Carolina · 2016

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3Cited by10 opinions

  1. Locklear v. CummingsCourt of Appeals of North Carolina · 2018
  2. Fazzari v. New Hanover Reg'l Med. Ctr.Court of Appeals of North Carolina · 2021
  3. K2HN Constr. NC, LLC v. Five D ContractorsCourt of Appeals of North Carolina · 2019
  4. Leonard v. BellCourt of Appeals of North Carolina · 2020
  5. Leonard v. BellCourt of Appeals of North Carolina · 2020

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