Barringer v. Wake Forest University Baptist Medical Center

Decision Date08 October 2009
Docket NumberNo. 251P09.,251P09.
Citation684 S.E.2d 690,363 N.C. 651
PartiesDerrick BARRINGER, as Administrator of the Estate of Drake Barringer, Plaintiff v. WAKE FOREST UNIVERSITY BAPTIST MEDICAL CENTER, Michael H. Hines, MD, Wake Forest University Physicians, North Carolina Baptist Hospital, and Wake Forest University, Defendants.
CourtNorth Carolina Supreme Court
ORDER

Upon consideration of the petition filed by Defendants on the 22nd of June 2009 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 8th of October 2009."

Upon consideration of the petition filed on the 6th of July 2009 by Defendants in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 8th of October 2009."

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6 cases
  • Kochilla v. Mattamy Carolina Corp.
    • United States
    • North Carolina Court of Appeals
    • March 15, 2022
    ...246, 677 S.E.2d 465, 472 (citations omitted), disc. rev. denied, 363 N.C. 651, 684 S.E.2d 690 (2009). "This Court will not presume prejudice." Id. 40 Plaintiffs did not argue, either at the trial court or on appeal, that prejudice would result from the consideration of the affidavit. Plaint......
  • Lauer v. United States
    • United States
    • U.S. District Court — Western District of North Carolina
    • February 12, 2013
    ...apply the law to them.Rowell v. Bowling, 197 N.C.App. 691, 695, 678 S.E.2d 748 (2009) (quoting Barringer v. Wake Forest University Baptist Medical Center, 197 N.C.App. 238, 255, 677 S.E.2d 465, review denied 363 N.C. 651, 684 S.E.2d 690 (2009)). This language, followed in subsequent North C......
  • Norton v. Scot. Mem'l Hosp., Inc.
    • United States
    • North Carolina Court of Appeals
    • November 15, 2016
    ...pursuant to Rule 9(j) presents a question of law, and is therefore reviewed de novo on appeal. Barringer v. Wake Forest Univ. Baptist Med. Ctr. , 197 N.C.App. 238, 256, 677 S.E.2d 465, 477, disc. review denied , 363 N.C. 651, 684 S.E.2d 690 (2009).On appeal from a motion to dismiss under Ru......
  • Ahmadi v. Triangle Rent A Car, Inc.
    • United States
    • North Carolina Court of Appeals
    • April 6, 2010
    ...to file affidavits contradicting prior testimony for the purpose of creating an issue of fact. Barringer v. Wake Forest Univ. Baptist Med. Ctr., ___ N.C.App. ___, ___, 677 S.E.2d 465, 478 (2009) (quotation omitted), stay granted, 363 N.C. 580, stay denied, 363 N.C. 651, 684 S.E.2d 690 (2009......
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