NC appeals court says negligence case can continue - WFLA News Channel 8

NC appeals court says negligence case can continue

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RALEIGH, N.C. -

A negligence lawsuit filed in a man's death after dental surgery may continue after a North Carolina appeals court refused to side with Wake Forest University Baptist Medical Center, two dentists and others.

The majority on a state Court of Appeals panel overturned Tuesday a trial judge's decision that would have ended litigation related to the 2008 death of Robert Webb III. Webb died two days after undergoing oral surgery and other dental procedures under general anesthesia. Webb's estate says negligence led to his death.

Two of the panel's three judges said Webb's estate administrator has forecast enough evidence and presented expert testimony to show genuine issues of fact exist in the case that jurors could examine. The third judge disagreed. The case could go to the state Supreme Court.

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