# Watts v. Cumberland County Hospital System, Inc.

> Court of Appeals of North Carolina · June 4, 1985 · 75 N.C. App. 1

URL: https://www.frixlaw.com/law-library/cases/9591326

## Case

- **Full name:** Linda Cade Watts, Kim Watts, and George Watts v. Cumberland County Hospital System, Inc.; Dr. James Askins; Dr. Ralph Moress; North Carolina Baptist Hospitals, Inc.; Dr. Victor Keranen; Dr. W. C. Miller; Dr. Menno Pennick; Dr. Eban Alexander, Jr.; Dr. James Toole, and Dan Hall
- **Court:** Court of Appeals of North Carolina
- **Decided:** June 4, 1985
- **Citations:** 75 N.C. App. 1; 330 S.E.2d 242; 1985 N.C. App. LEXIS 3577
- **Precedential status:** Published
- **Opinion:** Concurring in part by Wells
- **Judges:** Whichard, Wells, Becton
- **Cited by:** 47 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed in part, on other grounds by Watts v. Cumberland County Hospital System, Inc., 317 N.C. 321 (1986).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9591326

## Opinion text

*23 Judge Wells
concurring in part and dissenting in part.
I concur with that part of the majority opinion which recognizes that plaintiff s breach of fiduciary duty claim constitutes a malpractice claim and that summary judgment for defendant Hall was improvidently granted on that claim.
I also concur that summary judgment was improvidently granted for defendant Hall on plaintiffs malpractice (negligent and improper counseling) claim.
I dissent from that part of the majority opinion which holds that plaintiff has stated, or can support, a separate claim for fraudulent concealment against defendant Hall. Relying on much of the same reasoning used by the majority with respect to plaintiff s “breach of fiduciary duty” claim, it is my opinion that plaintiffs fraudulent concealment claim is but another aspect or dimension of her malpractice claim.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9591326. Public record. Not legal advice.