Ward v. Coastal Carolina Health Care, P.A. et al

Filing 42

ORDER granting in part and denying in part 15 Motion to Dismiss and granting in part and denying in part 29 Motion to Dismiss. Counts one, two, three, and five of plaintiff's complaint as to the individually named defendants are dismissed w ith prejudice. Defendants' motion to dismiss counts four and six is denied. Davis' motion to dismiss count four is granted in part and denied in part. Count four may proceed against Davis in his individual capacity. However, to the extent t hat plaintiff seeks to hold Davis liable in count four in his representative capacity, plaintiff has failed to state a claim. Finally, defendants' motion to dismiss count eight and Davis' motion to dismiss count eight are granted. Count eight is dismissed without prejudice.Signed by Judge James C. Dever III on 1/8/2009. (Richards, J.)

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