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Burgess v. Busby3/20/2001
Appeal by plaintiffs from order entered 23 August 1999 by Judge Peter McHugh in Rowan County Superior Court. Heard in the Court of Appeals 12 October 2000.
Plaintiffs filed a complaint against defendant on 13 May 1999 alleging claims for intentional infliction of emotional distress, outrage, interference with contractual and fiduciary relationships, vexatious intrusive invasion of privacy, unfair and deceptive trade practices, common law obstruction of justice, and punitive damages. Defendant filed an answer on 21 July 1999, including a motion to dismiss pursuant to N.C. Gen. Stat. ยง 1A-1, Rule 12(b)(6). Following a hearing on defendant's motion to dismiss, the trial court entered an order on 23 August 1999 dismissing plaintiffs' complaint. Plaintiffs appeal.
Plaintiffs allege in their complaint that they are eight of the former jurors in a medical malpractice case filed in Rowan County Superior Court against defendant and other medical providers. The complaint alleges the jury in the medical malpractice case rendered a verdict in 1998 finding that defendant was not negligent but that his fellow physician in the medical malpractice case was negligent and awarded $150,000 to the plaintiffs in that case.
Plaintiffs allege that on or about 14 May 1998, defendant placed, or caused to be placed, a written communication in every physician's mail distribution box at Rowan Regional Medical Center. Plaintiffs allege that this letter was received by every practitioner at the hospital with staff privileges. Plaintiffs allege this letter stated:
Rudy Busby, M.D. FACS 901 West Henderson Street Salisbury, N.C. May 14, 1998
Dear Colle gues:
Please be appraised of the following:
People who have sued doctors[:]
Daniel W. Wright, Jr., Charlotte, N.C.
Ashley D. Wright, Stanley, N.C.
Jurors who have found a doctor guilty[:]
Adams, Billy [address]
Bowman, Charles [address]
Burgess, Linda [address]
Clement, Joy [address]
Eddleman, Bonnie [address]
Fisher, Meta [address]
Kesler, Terry [address]
Knox, Tommy [address]
Moore, Gene [address]
Pressley, Anita [address]
Sides, Mark [address]
Wade, Helen [address]
Others of whom I am leery[:]
Mr. & Mrs. John Bennet Parker [address]
Elizabeth Parker Wright [address]
Betty Dan Spencer [address]
Judy Davis [address]
I am now back and offering a full line of General, Vascular, and Thoracic Surgery!
/Signed/ Rudy
Following each juror's name, the letter included the address of each juror. Plaintiffs allege that the names listed under defendant's category of "People who have sued doctors" were the plaintiffs in defendant's malpractice case; that the names listed under "Jurors who have found a doctor guilty" were the jurors in the medical malpractice case, including plaintiffs in the present case; and the names listed under "Others of whom I am leery" were the plaintiffs' witnesses in the medical malpractice case.
Plaintiffs' complaint alleges that defendant maliciously distributed the letter identifying plaintiffs, other jurors, and the witnesses in the medical malpractice case to all of the admitting medical staff at the only hospital that serves Rowan County, for the purpose of influencing the present and future medical care of the people identified in the letter. Plaintiffs allege that "the practitioners who [received the let
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