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NO. COA98-1445 NORTH CAROLINA COURT OF APPEALS Filed: 2 November 1999

CARLA S. MARLEY and KENNETH R. MARLEY, Plaintiffs, v. ROBERT G. GRAPER, M.D. and PETER R. YOUNG, M.D., Defendants 1. Trials--judge's comment--not an impermissible expression of opinion

There was no impropriety in a medical malpractice action in the court's comment, when accepting an expert witness, "he's certainly qualified and accepted for those purposes in each of those areas" when he had earlier accepted experts with statements to the effect that the witness was qualified and would be permitted to offer an opinion in the appropriate area. 2. Medical Malpractice--witnesses--medical expert--standard of practice in similar communities

There was no error in a medical malpractice case from Greensboro where an expert did not testify that he was familiar with the standard of care for Greensboro, but the import of his testimony was that the defendant met the highest standard of care found anywhere in the United States. This testimony was sufficient to meet the requirements of N.C.G.S.

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