Court of Appeals of North Carolina December 18, 2007, COA07-158 (Spangler v. Olchowski)

McCullough, Judge.

On 13 November 2002, Jessica Spangler (“decedent”) filed a medical malpractice action against Steven E. Olchowski, M.D. (“Olchowski”), Conrad J.R. Miranda, M.D. (“Miranda”), Sina Surgical Associates, P.A. (“Sina”), and Atlantic Bariatric Center, Inc. (“Atlantic Bariatric”) (collectively “defendants”). On 15 January 2006, decedent died of unrelated causes. Her father, Gary W.