Legal Opinion · Concurrence

Daniels v. Durham County Hospital Corp.

Court of Appeals of North Carolina

Decided July 19, 2005No. COA04-338Published

1ConcurrenceTyson, Judge

I concur in the decision to affirm the trial court’s judgment. I write separately to further address the issues presented.

I. Background

In addition to those facts set out in majority’s opinion, it is important to note: (1) Daniels accompanied his wife to the Hospital and remained present with her at all times; (2) at the time of delivery in September 1995, Nurse Sharpe, was licensed as a registered nurse for more than twenty years and had worked with Dr. Dingfelder for eighteen to nineteen years; (3) around 7:30 a.m. on 2 September 1995, Nurse Sharpe was also assigned as nurse to Mrs. Daniels;…

2Cases cited22 opinions

  1. Johnson v. Ruark Obstetrics & Gynecology Associates, P.A.Supreme Court of North Carolina · 1990
  2. Roumillat v. Simplistic Enterprises, Inc.Supreme Court of North Carolina · 1992
  3. Gaunt v. PittawayCourt of Appeals of North Carolina · 2000
  4. Horton v. Carolina Medicorp, Inc.Supreme Court of North Carolina · 1996
  5. Blanton v. Moses H. Cone Memorial Hospital, Inc.Supreme Court of North Carolina · 1987

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