Opinion
222PA21
12-14-2021
Charlotte Pope MILLER, Administratrix of the Estate of the Late John Larry Miller v. CAROLINA COAST EMERGENCY PHYSICIANS, LLC, Harnett Health System, Inc. d/b/a Betsy Johnson Regional Hospital, and Dr. Ahmad S. Rana
Brenton D. Adams, Attorney at Law, For Miller, Charlotte Pope (Administratrix). Mark R. McGrath, Attorney at Law, Research Triangle Park, For Miller, Charlotte Pope (Administratrix). Louis F. Foy, III, Attorney at Law, Goldsboro, For Carolina Coast Emergency Physicians, LLC, et al. Maria Papoulias Wood, Attorney at Law, Raleigh, For Harnett Health System, Inc. d/b/a Betsy Johnson Regional Hospital. Kristina M. Wilson, Attorney at Law, For Harnett Health System, Inc. d/b/a Betsy Johnson Regional Hospital. Patricia P. Shields, Attorney at Law, Raleigh, For Miller, Charlotte Pope (Administratrix). Derek J. Dittmar, Attorney at Law, Raleigh, For Miller, Charlotte Pope (Administratrix).
Brenton D. Adams, Attorney at Law, For Miller, Charlotte Pope (Administratrix).
Mark R. McGrath, Attorney at Law, Research Triangle Park, For Miller, Charlotte Pope (Administratrix).
Louis F. Foy, III, Attorney at Law, Goldsboro, For Carolina Coast Emergency Physicians, LLC, et al.
Maria Papoulias Wood, Attorney at Law, Raleigh, For Harnett Health System, Inc. d/b/a Betsy Johnson Regional Hospital.
Kristina M. Wilson, Attorney at Law, For Harnett Health System, Inc. d/b/a Betsy Johnson Regional Hospital.
Patricia P. Shields, Attorney at Law, Raleigh, For Miller, Charlotte Pope (Administratrix).
Derek J. Dittmar, Attorney at Law, Raleigh, For Miller, Charlotte Pope (Administratrix).
ORDER
Upon consideration of the petition filed on the 22nd of June 2021 by defendants in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to N.C.G.S. § 7A-31, the petition is ALLOWED as to:
Issue I – Did the Court of Appeals err in affirming the trial court's order denying Harnett Health's Motion to Dismiss pursuant to Rule 9(j) of the North Carolina Rules of Civil Procedure when Plaintiff-Appellee's Rule 9(j) expert testified that he had never been critical of Harnett Health; and,
Issue II – Did the Court of Appeals err in applying a de novo standard of review instead of an abuse of discretion standard in its exclusion of Dr. Harris.
By order of this Court in Conference, this the 14th day of December 2021.
The case is docketed as of the date of this order's certification. Briefs of the respective parties shall be submitted to this Court within the times allowed and in the manner provided by Appellate Rule 15(g)(2).