Legal Opinion

Mitchell v. Parker

Court of Appeals of North Carolina

Decided May 15, 1984No. 8321SC655PublishedCited by 5 opinions

1Opinion of the Court

HEDRICK, Judge.

The sole question presented on appeal is whether the court erred in directing verdicts for defendants.

When a defendant moves for a directed verdict in a medical malpractice case, the question raised is whether plaintiff has offered evidence of each of the following elements of his claim for relief: (1) the standard of care; (2) breach of the standard of care; (3) proximate causation; and (4) damages. Lowery v. Newton, 52 N.C. App. 234, 237, 278 S.E. 2d 566, 570, reconsideration of denial of disc. rev. denied, 304 N.C. 195, 291 S.E. 2d 148 (1981). On such motion, plaintiffs…

2Cases cited4 opinions

  1. Manganello v. Permastone, Inc.Supreme Court of North Carolina · 1977
  2. Lowery v. NewtonCourt of Appeals of North Carolina · 1981
  3. Tice v. HallSupreme Court of North Carolina · 1984
  4. Tice v. HallCourt of Appeals of North Carolina · 1983

3Cited by5 opinions

  1. Felts v. Liberty Emergency Service, P.A.Court of Appeals of North Carolina · 1990
  2. Makas v. Hillhaven, Inc.District Court, M.D. North Carolina · 1984
  3. Shumaker Ex Rel. Shumaker v. United StatesDistrict Court, M.D. North Carolina · 1988
  4. Felts v. Liberty Emergency Service, P.A.Court of Appeals of North Carolina · 1990
  5. Scales v. TuckerCourt of Appeals of North Carolina · 1985

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