Moore v. Pitt County Memorial Hospital

ORDER

MALCOLM J. HOWARD, District Judge.

This case is before the court on Pitt County Memorial Hospital’s Motion to Dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to file a medical affidavit under Rule 9(j) of the North Carolina Rules of Civil Procedure. The parties have submitted briefs in support of their positions. This matter is ripe for adjudication.

STATEMENT OF FACTS

Plaintiff Adriann Moore filed this case in Pitt County Superior Court alleging negligence, res ipsa loquitur, and failure to warn against Pitt County Memorial Hospital (“PCMH”) and the National…