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NO. COA97-1281 NORTH CAROLINA COURT OF APPEALS Filed: 18 August 1998

MUKESHIA JACKSON, by and through her duly appointed Guardian Ad Litem, ALFREDA ROBINSON, WILLIAM JACKSON, individually and ALFREDA ROBINSON, individually, Plaintiffs, v. A WOMAN'S CHOICE, INC., DR. CLARENCE J. WASHINGTON and WILLIAM E. BRENNER, JR. Defendants. Appeal by plaintiffs from order entered 8 September 1997 by Judge Abraham Penn Jones in Wake County Superior Court. the Court of Appeals 11 May 1998. Stam, Fordham & Danchi, P.A., by Theodore S. Danchi and Paul Stam, Jr., for plaintiff-appellants. Jo Ann Ragazzo Woods for defendant-appellee A Woman's Choice, Inc. Patterson, Harkavy & Lawrence, L.L.P., by Burton Craige, for defendant-appellee Dr. Clarence J. Washington. MARTIN, John C., Judge. Plaintiffs filed this action alleging an assault and battery upon plaintiff Mukeshia Jackson by defendants and that defendants intentionally or negligently inflicted emotional distress upon Mukeshia Jackson and upon the other two plaintiffs, who are Heard in

Mukeshia's parents. damages.

Plaintiffs sought compensatory and punitive

Defendants answered, asserting affirmative defenses, and

simultaneously moved to dismiss the complaint pursuant to G.S.

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