#### JOSEPH O’MARA, a minor, by and through his Guardian ad Litem, Larry Reavis; and JANELLA O’MARA v. WAKE FOREST UNIVERSITY HEALTH SCIENCES; NORTH CAROLINA BAPTIST HOSPITAL; FORSYTH MEMORIAL HOSPITAL, INC., and NOVANT HEALTH, INC.

No. 414PA07

(Filed 20 March 2009)

On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, 184 N.C. App. 428, 646 S.E.2d 400 (2007), finding no error in a judgment entered on 30 November 2005 dismissing plaintiffs’ complaint with prejudice and an order entered on 6 January 2006 denying plaintiffs’ motion for a new trial, but reversing in part an order also entered on 6 January 2006 awarding costs to defendants, all. by Judge Michael E. Helms in Superior Court, Yadkin County. Heard in the Supreme Court on 6 May 2008. On 9 May 2008, the Supreme Court further allowed plaintiffs’ petition for discretionary review as to additional issues. Determined without further oral argument pursuant to N.C. R. App. P. 30(f)(1).

Law Offices of Wade E. Byrd, P.A., by Wade E. Byrd; and The Lawing Firm, PA., by Sally A. Lawing, for plaintiff-appellants.

Wilson & Coffey, L.L.P., by Tamura D. Coffey, Linda L. Helms, and Amanda B. Palmieri, for defendant-appellees.

Patterson Harkavy LLP, by Burton Craige, for North Carolina Academy of Trial Lawyers, amicus curiae.

Yates, McL 'amb & Weyher, L.L.P., by John W. Minier, for North Carolina Association of Defense Attorneys, amicus curiae.

PER CURIAM.

DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.