Creech v. Melnik

MITCHELL, Chief Justice.

The questions presented for review are whether the Court of Appeals erred in affirming the trial court’s order for summary judgment in favor of defendant on the grounds of breach of implied contract and equitable estoppel. Since we find there are genuine issues of material fact as to both issues, we reverse the decision of the Court of Appeals.

The parties agree that plaintiffs’ minor son, Justin Creech, was born at Southeastern General Hospital in Lumberton on 23 September 1980. At birth, Justin’s vital signs were not stable, and he was transferred to the intensive…