Legal Opinion

Teague v. Randolph Surgical Associates, P.A.

Court of Appeals of North Carolina

Decided June 16, 1998No. COA97-784PublishedCited by 10 opinions

1Opinion of the Court

MARTIN; John C., Judge.

Plaintiffs brought this action alleging claims for medical negligence and “intentional fraudulent misrepresentation.” Phyllis Teague sought damages for personal injury and punitive damages; her husband, Jack Teague, sought damages for loss of consortium. Prior to filing an answer, defendants moved to dismiss for plaintiffs’ failure to state a claim upon which relief could be granted. The trial court converted the motion to one for summary judgment and granted partial summary judgment dismissing plaintiffs’ claims for medical negli gence as barred by the statute of…

2Cases cited12 opinions

  1. Pembee Mfg. Corp. v. Cape Fear Const. Co., Inc.Supreme Court of North Carolina · 1985
  2. Black v. LittlejohnSupreme Court of North Carolina · 1985
  3. James v. ClarkCourt of Appeals of North Carolina · 1995
  4. Duke University v. StainbackSupreme Court of North Carolina · 1987
  5. Duke University v. St. Paul Mercury InsuranceCourt of Appeals of North Carolina · 1989

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3Cited by10 opinions

  1. Friedland v. GalesCourt of Appeals of North Carolina · 1998
  2. Housing Authority v. SPARKS ENGINEERING, PLLC.Court of Appeals of North Carolina · 2011
  3. Johnson v. HarrisCourt of Appeals of North Carolina · 2002
  4. Cole v. N.C. Dep't of Pub. SafetyCourt of Appeals of North Carolina · 2017
  5. Izzy Air, LLC v. Triad AviationCourt of Appeals of North Carolina · 2022

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