Legal Opinion

Crocker v. Roethling

Supreme Court of North Carolina

Decided May 1, 2009No. 374PA07PublishedCited by 51 opinions

1Opinion of the Court

*141HUDSON, Justice.

In this medical malpractice case, we consider whether the trial court properly excluded plaintiffs’ expert and granted summary judgment for defendants when the expert’s opinions of his familiarity with the community at issue and of defendants’ breach of the standard of care satisfy the requirements of N.C.G.S. § 90-21.12. We conclude that here, the expert’s deposition and affidavit demonstrate “sufficient familiarity” with the “same or similar” community and that the trial court erred by excluding his testimony. Because the expert’s evidence also provides opinions that create…

2Cases cited16 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Howerton v. Arai Helmet, Ltd.Supreme Court of North Carolina · 2004
  3. Turner v. Duke UniversitySupreme Court of North Carolina · 1989
  4. State v. GoodeSupreme Court of North Carolina · 1995
  5. McCutchen v. McCutchenSupreme Court of North Carolina · 2006

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

3Cited by51 opinions

  1. State v. WardSupreme Court of North Carolina · 2010
  2. Barringer v. FORSYTH COUNTY WAKE FOREST UNIVERSITY BAPTIST MEDICAL CTRCourt of Appeals of North Carolina · 2009
  3. Hudgins v. WagonerCourt of Appeals of North Carolina · 2010
  4. State v. OsborneSupreme Court of North Carolina · 2019
  5. Robinson v. Duke University Health Systems, Inc.Court of Appeals of North Carolina · 2013

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

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