Spillman v. Forsyth Memorial Hospital

PARKER, Judge.

Defendant contends the court erred in permitting the child’s mother, Jacqueline Gibson, to testify concerning actions taken or not taken by Dr. Sherrill, now deceased, during his examination and treatment of her daughter. Defendant contends this violated G.S. 8-51 in that it permitted a person interested in the event to testify “concerning a personal transaction or communication between the witness and the deceased person.” Mrs. Gibson did not testify concerning any conversation between herself and Dr. Sherrill. Her testimony related solely to what she observed take place in the…