Easter v. Lexington Memorial Hospital, Inc.

BRANCH, Chief Justice.

The sole question presented for review is whether the trial court erred in granting summary judgment in favor of defendant Dr. Cline. The Court of Appeals held that all of the evidence at the hearing on the motion for summary judgment tended to show that Dr. Cline never saw or treated plaintiff’s intestate at all. The court stated: “We find no evidence in rebuttal.” Easter v. Hospital, 49 N.C. App. at 402, 271 S.E. 2d at 547. The court further noted that “[n]o act or omission to act by Dr. Cline was the proximate cause of Mr. Easter’s developing tetanus.” Id. at 402, 271…