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Sims v. Graystone Ophthalmology Assocs., P.A.

Court of Appeals of North Carolina

May 20, 2014

HAZEL B. SIMS, Plaintiff-Appellant,
v.
GRAYSTONE OPHTHALMOLOGY ASSOCIATES, P.A.; GRAYSTONE SURGERY, LLC; GRAYSTONE EYE SURGERY OF HICKORY, LP d/b/a GRAYSTONE EYE SURGERY CENTER; GRAYSTONE OPHTHALMOLOGY SUGERY CENTER, PLLC; JAMES W. HARRIS; RANDALL J. WILLIAMS.; ANN K. JOSLYN; T. REGINALD WILLIAMS; JOHN G. TYE; RALPH E. OURSLER; and RICHARD I. CHANG, Defendant-Appellees

Heard in the Court of Appeals January 6, 2014.

Editorial Note:

This Decision is not final until expiration of the twenty-one day rehearing period. [North Carolina Rules of Appellate Procedure 32(b)]

Catawba County. No. 10 CVS 3569. Timothy S. Kincaid, Judge.

Grant Richman, PLLC, by Robert M. Grant, Jr., for plaintiff-appellant.

Baucom, Claytor, Benton, Morgan & Wood, P.A., by James F. Wood, III, for defendant-appellee.

McCULLOUGH, Judge. Chief Judge MARTIN and Judge ERVIN concur.

OPINION

McCULLOUGH, Judge.

Appeal by plaintiff from order entered 15 January 2013 by Judge Timothy S. Kincaid in Catawba County Superior Court.

Hazel B. Sims (" plaintiff" ) appeals from the trial court's order granting summary judgment in favor of Graystone Ophthalmology

Page 926

Associates, P.A. (" defendant" ). For the following reasons, we reverse.

I. Background

The underlying facts of this case were agreed to in stipulations by the parties. These stipulations can be summarized as follows: Plaintiff was a patient of Dr. James W. Harris of defendant and was present on the premises of defendant for a vision examination on 5 November 2007. While on defendant's premises, plaintiff was seated on a rolling chair for her vision examination. After taking a seat, but prior to the examination, plaintiff fell from the rolling chair and fractured her right proximal humerus at the right ...


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