#### KENDRA J. THIGPEN v. CORAZON NGO, M.D., MARSHALL B. FRINK., M.D., NATIONAL EMERGENCY SERVICES, INC., EMERGENCY PHYSICIANS ASSOCIATION, INC., CP/NATIONAL, INC. a/k/a COMMUNITY PHYSICIANS/NATIONAL, INC., and ONSLOW COUNTY HOSPITAL AUTHORITY

No. 332A01

(Filed 1 February 2002)

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 143 N.C. App. 223, 552 S.E.2d 641 (2001), reversing summary judgment entered 6 December 1999 by Hockenbury, J., in Superior Court, Onslow County. On 19 July 2001, the Supreme Court granted defendants Frink; National Emergency Services, Inc.; and CP/National, Inc.’s petition for discretionary review of additional issues. Heard in the Supreme Court 13 November 2001.

Jimmy F. Gaylor for plaintiff-appellee.

Patterson, Dilthey, Clay & Bryson, L.L.P, by Christopher J. Derrenbacher, for defendant-appellants Marshall B. Frink, M.D.; National Emergency Services, Inc.; and CP/National, Inc., a/k/a Community Physicians/National, Inc.

PER CURIAM.

Pursuant to this Court’s opinion in Thigpen v. Ngo, 355 N.C. 198, 558 S.E.2d 162 (2002), the decision of the Court of Appeals is *208reversed in part and discretionary review was improvidently allowed in part.

REVERSED IN PART AND DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED IN PART.