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Sharpe v. Worland12/18/2001
d, 340 N.C. 114, 455 S.E.2d 663, decision affirmed, 342 N.C. 403, 464 S.E.2d 44 (1995); Blanton v. Moses H. Cone Hosp., Inc., 319 N.C. 372, 354 S.E.2d 455 (1987); Burns v. Forsyth County Memorial Hosp. Auth., Inc., 81 N.C. App. 556, 344 S.E.2d 839 (1986).
Finally, we note that since this Court's decision in Anderson remains on appeal to our Supreme Court as a matter of right, we summarily hold that if Rule 9(j) was indeed constitutionally sound, then our decision on the remaining issues in this appeal would be: (1) No expert was needed to support plaintiff's claim based on res ipsa loquitor; (2) Plaintiff did not satisfy the requirements of Rule 9(j) with respect to the claims based on nursing care; and, (3) Plaintiff's notice of appeal to this Court was timely filed.
Reversed.
Judges WALKER and THOMAS concur.
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