Opinion · Nclaw North Carolina

FIRST HEALTHCARE CORP. v. RETTINGER, 342 N.C. 886 (1996)

FIRST HEALTHCARE Corp. d/b/a HILLHAVEN S., INC. d/b/aWINSTON-SALEM CONVALESCENT Ctr. v. NELL H. RETTINGER, Ind., & NELL H.RETTINGER, as Pers. representative of the Est. of Lawrence JohnRettinger, Deceased, 467 S.E.2d 243 (N.C. 1996)

Type: Opinion
Court: North Carolina
Jurisdiction: North Carolina
Date: 1996-01-01
Topic: general

FIRST HEALTHCARE CORP. v. RETTINGER, 342 N.C. 886 (1996) 467 S.E.2d 243 FIRST HEALTHCARE CORPORATION d/b/a HILLHAVEN SOUTH, INC. d/b/aWINSTON-SALEM CONVALESCENT CENTER v. NELL H. RETTINGER, Ind., and NELL H.RETTINGER, as personal representative of the Estate of Lawrence JohnRettinger, Deceased No. 230A95 — ForsythSupreme Court of North Carolina Filed 8 March 1996 Appeal by plaintiff pursuant to N.C.G.S. § 7A-30(2) and on discretionary review pursuant to N.C.G.S. § 7A-31(a), from the decision of a divided panel of the Court of Appeals, 118 N.C. App. 600,456 S.E.2d 347 (1995), reversing the order allowing plaintiff's summary judgment entered by Cornelius, J., on 19 January 1994 in Superior Court, Forsyth County.

Citator

UpLaw has not yet analyzed FIRST HEALTHCARE CORP. v. RETTINGER, 342 N.C. 886 (1996). The absence of a flag is not a finding that it is good law.

Authority status: pending

FIRST HEALTHCARE CORP. v. RETTINGER,342 N.C. 886(1996)

467 S.E.2d 243

FIRST HEALTHCARE CORPORATION d/b/a HILLHAVEN SOUTH, INC. d/b/a

WINSTON-SALEM CONVALESCENT CENTER v. NELL H. RETTINGER, Ind., and NELL H.

RETTINGER, as personal representative of the Estate of Lawrence John

Rettinger, Deceased

No. 230A95 — Forsyth

Supreme Court of North Carolina

Filed 8 March 1996

Appeal by plaintiff pursuant to N.C.G.S. §7A-30(2) and on discretionary review pursuant to N.C.G.S. §7A-31(a), from the decision of a divided panel of the Court of Appeals,118 N.C. App. 600,456 S.E.2d 347(1995), reversing the order allowing plaintiff's summary judgment entered by Cornelius, J., on 19 January 1994 in Superior Court, Forsyth County. Heard in the Supreme Court on 12 February 1996.

Smith Helms Mulliss Moore, L.L.P., by Maureen Demarest Murrayand Christine T. Nero, for plaintiff-appellant.Allman Spray Leggett Crumpler, P.A., by David C. Smith andLinda L. Helms, for defendant-appellee.North Carolina Health Care Facilities Association, by Sally J.Marshall, General Counsel; North Carolina Hospital Association,by William A. Pully, Vice President and General Counsel; andNorth Carolina Association for Home Care, by Nancy H. Temple,Executive Director, amici curiae.Kate Mewhinney, Associate Clinical Professor, Legal Clinic forthe Elderly, Wake Forest University School of Law; Booth,Harrington, Johns Campbell, by A. Frank Johns; and Craige,Page 887Brawley, Liipfert, Walker Searcy, by B. Bailey Liipfert, III,on behalf of National Academy of Elder Law Attorneys, amicuscuriae.Booth, Harrington, Johns Campbell, by A. Frank Johns; and AnnaMoretti Kavolius on behalf of Choice in Dying, Inc., amicuscuriae.

PER CURIAM.

For the reasons stated in the dissenting opinion of Judge Walker in the Court of Appeals, the decision of the Court of Appeals is reversed.

REVERSED.