Opinion
No. 242A98-2
Filed 3 March 2000
On appeal pursuant to N.C.G.S. § 7A-30(2) from a decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 518 S.E.2d 528 (1999), on remand from this Court, 350 N.C. 654, 517 S.E.2d 380 (1999), affirming in part, reversing in part, and remanding summary judgments for defendants entered by Ferrell, J., 25 February 1997 and 4 March 1997 in Superior Court, Buncombe County. Heard in the Supreme Court 15 February 2000.
Hyler Lopez, P.A., by George B. Hyler, Jr., and Robert J. Lopez, for plaintiff-appellee.
Dameron, Burgin Parker, P.A., by Charles E. Burgin and Sharon L. Parker, for defendant-appellants Asheville Radiological Group, P.A., and Timothy Gallagher, M.D.
Kennedy Covington Lobdell Hickman, L.L.P., by James P. Cooney III, for defendant-appellant Nathan Williams, M.D.
Wilson Iseman, L.L.P., by G. Gray Wilson and Elizabeth Horton, on behalf of the North Carolina Association of Defense Attorneys, amicus curiae.
For the reasons stated in Judge Walker's dissenting opinion, the decision of the Court of Appeals is reversed in part.
REVERSED IN PART.