Wells v. Cumberland County Hospital System, Inc.

HUNTER, Judge.

James A. Wells, as guardian for Frank Wells (“plaintiff’), appeals from an order of the trial court granting summary judgment in favor of Cumberland County Hospital System, Inc. (“defendant”). Plaintiff argues the trial court erred in concluding that plaintiffs suit was barred by the statute of repose. Defendant separately appeals from an order of the trial court denying its motion to dismiss. Defendant argues the trial court should have dismissed the case pursuant to Rules 9(j), 12(b)(6), and 41(b) of the North Carolina Rules of Civil Procedure due to plaintiffs failure to…