Blackburn v. Carbone, 208 N.C. App. 519

Plaintiff James Blackburn sues Dr. Carbone and Wake Forest affiliated entities alleging common law obstruction of justice, gross negligence, and spoliation related to an allegedly inaccurate medical report and related conduct in a separate auto-accident case.
Dr. Carbone allegedly prepared a report attributing injuries to a workplace incident rather than a motor vehicle collision and did not correct it after requests from Blackburn's counsel.
Blackburn's counsel attempted to serve Dr. Carbone for testimony in the auto-accident case; service issues and location problems delayed testimony and contributed to a settlement for $17,000 when damages were estimated at least $100,000.
Defendants moved to dismiss for failure to state a claim and to strike; the trial court treated the motion as one for summary judgment after considering materials outside the pleadings.
The trial court found no genuine issues of material fact and entered summary judgment in favor of Defendants, prompting Blackburn to appeal.
On appeal, Blackburn contends improper conversion of the dismissal motion and that the obstruction of justice claim was adequately stated; the court affirms the trial court's entry of summary judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the dismissal motion was properly converted to summary judgment	Blackburn argues improper notice and loss of deposition opportunities due to conversion.	Defendants contend the court properly treated the motion as summary judgment after considering outside materials.	Properly converted; waiver noted due to Blackburn's participation.
Whether Blackburn stated a claim for common law obstruction of justice	Carbone's conduct—filing an incorrect report and failure to correct it—obstructed justice and caused undervalued settlement.	No evidence of intentional, concerted acts to obstruct justice; conduct insufficient to constitute obstruction.	No triable issue; court granted summary judgment for Defendants.
Whether the failure to properly serve Dr. Carbone defeated obstruction claim	Even without proper service, Carbone's actions and falsified report hindered justice, supporting obstruction.	Lack of proper service meant Carbone had no duty to appear; obstruction requires intentional acts to hinder justice.	Failure to perfect service defeats obstruction claim; no liability.

Henry v. Deen, 310 N.C. 75 (1984) (recognizes obstructing justice through acts hindering legal process)
Grant v. High Point Reg'l Health Sys., 184 N.C.App. 250 (2007) (pleading may state obstruction of justice through destruction/alteration of records)
Burgess v. Busby, 142 N.C.App. 393 (2001) (describes forms of common law obstruction and need for intentional acts)
In re Kivett, 309 N.C. 635 (1983) (obstruction of justice may take various forms under common law)
Belcher v. Fleetwood Enters., Inc., 162 N.C.App. 80 (2004) (invited error doctrine concerning Rule 12(b)(6) conversion without timely objection)