Estate of Sizemore v Kimbleton

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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. NO. COA01-1095 NORTH CAROLINA COURT OF APPEALS Filed: 18 June 2002 THE ESTATE OF HEATHER MARIE SIZEMORE, ALAN RAY SIZEMORE, Administrator, Plaintiff v. Catawba County No. 00 CVS 1596 DENNIS PAUL KIMBLETON; FRYE REGIONAL MEDICAL CENTER, INC.; TENET HEALTHSYSTEM CM, INC.; TENET HEALTHSYSTEM MEDICAL, INC.; TENET PHYSICIAN SERVICES-FRYE REGIONAL, INC.; TENET PHYSICIAN SERVICES OF THE SOUTHEAST, INC.; AMISUB OF NORTH CAROLINA, INC. d/b/a FRYE REGIONAL MEDICAL CENTER; STERLING MIAMI, INC. f/k/a STERLING HEALTH CARE GROUP, INC.; FPA MEDICAL MANAGEMENT OF NORTH CAROLINA, INC.; FPA MEDICAL MANAGEMENT OF FLORIDA, INC.; PHYAMERICA PHYSICIAN GROUP, INC.; PHYAMERICA PHYSICIAN SERVICES, INC.; PHYAMERICA EMERGENCY SERVICES OF NORTH CAROLINA, P.A.; PHYAMERICA PHYSICIAN NETWORKS, INC.; PHYAMERICA PHYSICIAN SERVICES OF THE SOUTHEAST, INC.; CATAWBA COUNTY; CATAWBA COUNTY EMERGENCY SERVICES; and CATAWBA COUNTY EMS, Defendants Appeal by defendant Catawba County from order entered 1 June 2000 by Judge Forrest Donald Bridges in Catawba County Superior Court. Heard in the Court of Appeals 16 May 2002. Faison & Gillespie, by O. William Faison, John W. Jensen and Evett N. Brown, for plaintiff-appellee. -2Womble Carlyle Sandridge & Rice, a Professional Limited Liability Company, by Burley B. Mitchell, Jr., Tyrus V. Dahl, Jr., and Oliver M. Read, IV, for defendant-appellant. PER CURIAM. This appeal presents the exact issue decided by this Court in Dawes v. Nash County, ___ N.C. App. ___, ___ S.E.2d ___, (COA 0185, filed 19 February 2002). For the reasons stated in Dawes, we reverse the trial court s denial of defendant Catawba County s motion for summary judgment based on the doctrine of sovereign immunity. Reversed. Panel consisting of: Judges MARTIN, TIMMONS-GOODSON, and CAMPBELL. Report per Rule 30(e).

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