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| Winebarger v. Peterson, NO. COA 06-734,
COURT OF APPEALS OF NORTH CAROLINA, April 3, 2007, Filed
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Overview: Summary judgment in favor of a doctor in an executrix's re-filed malpractice case was proper because the executrix admitted that the allegation in her original complaint was ineffective to meet the requirements of N.C. Gen. Stat. § 1A-1 N.C. R. Civ. P. 9(j), and thus her voluntary dismissal did not toll the statute of limitations.
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