Legal Opinion

Locklear v. Scotland Memorial Hospital, Inc.

Court of Appeals of North Carolina

Decided June 6, 1995No. 9416SC656PublishedCited by 6 opinions

1Opinion of the Court

MARTIN, MARK D., Judge.

The issue on appeal is whether the trial court, pursuant to N.C. Gen. Stat. § 1A-1, Rule 6(b), has discretion to retroactively extend the time provided in N.C. Gen. Stat. § 1A-1, Rule 4(d), for issuance of an alias and pluries summons or for an endorsement upon the original summons to effectuate service. We affirm.

On 29 January 1991 plaintiffs commenced a wrongful death and survival action against defendants Scotland Memorial Hospital, Inc. and Keith M. Wayment, M.D. Plaintiffs alleged defendants medical negligence resulted in the death of Lisa Robin Jacobs on 2…

2Cases cited2 opinions

  1. Lemons v. Old Hickory Council, Boy Scouts of America, Inc.Supreme Court of North Carolina · 1988
  2. Dozier v. CrandallCourt of Appeals of North Carolina · 1992

3Cited by6 opinions

  1. In Re the Testamentary Trust of CharnockCourt of Appeals of North Carolina · 2003
  2. In Re the Testamentary Trust of CharnockCourt of Appeals of North Carolina · 2003
  3. Johnson v. LucasCourt of Appeals of North Carolina · 2005
  4. Johnson v. LucasCourt of Appeals of North Carolina · 2005
  5. Latten v. Everbank, N.A.District Court, W.D. North Carolina · 2025

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