#### ROSE T. ROBERTS and husband JAMES ROBERTS v. DURHAM COUNTY HOSPITAL CORPORATION and JAMES E. DAVIS

No. 273PA82

(Filed 11 January 1983)

On discretionary review pursuant to G.S. 7A-31 of the decision of the Court of Appeals, Martin (Robert MJ, Judge, with Martin (Harry CJ, Judge, and Arnold, Judge, concurring, reported at 56 Ñ.C. App. 533, 289 S.E. 2d 875 (1982), affirming judgment for defendants by Herring, J., at the 6 April 1981 Civil Session of Durham Superior Court.

McCain, Essen & Orcutt by Jeff Erick Essen and Grover C. McCain, Jr., for plaintiff appellants.

Young, Moore, Henderson & Alvis by Walter E. Brock, Jr., and Edward B. Clark, for defendant appellee James E. Davis.

Haywood, Denny & Miller by George W. Miller, Jr., and Michael W. Patrick, for defendant appellee Durham County Hospital Corporation.

PER CURIAM.

Affirmed.

Justice Martin took no part in the decision of this case.