Craddock, Moyer, and Hoffman Secure Published Appellate Victory in Rule 9(j) Nursing Home Case

May 21, 2026

Young Moore recently secured a significant victory in the North Carolina Court of Appeals in Luzzi v. Village Care of King, a published opinion affirming dismissal of claims against a skilled nursing facility for plaintiff’s failure to comply with Rule 9(j). Young Moore’s Angela F. Craddock led the appellate team, working with trial counsel Elaine M. Moyer and Dana H. Hoffman.

Rule 9(j) has long been a sticking point in cases involving long-term care facilities. While nursing homes provide nursing care to residents, plaintiffs sometimes attempt to characterize claims against them as ordinary negligence rather than medical malpractice in order to avoid Rule 9(j)’s expert certification requirements.

In Luzzi, plaintiff filed the case as an ordinary negligence action. However, the allegations of negligence focused on the use of a sit-to-stand lift, a medical device used to transfer residents. Young Moore argued before the trial court and on appeal that operation of the device required specialized training, skill, and clinical judgment, bringing the plaintiff’s claims within the purview of Rule 9(j).

The Court of Appeals agreed, holding that the claims arose from the performance of “professional services” because use of the sit-to-stand device required specialized skill and clinical judgment. As a result, the trial court properly dismissed the claims because plaintiff failed to satisfy Rule 9(j)’s certification requirements.

The court’s opinion in Luzzi reinforces the distinction between ordinary negligence claims and those arising from professional healthcare services, and provides important guidance for providers facing attempts to recast professional-care allegations as ordinary negligence. As a published decision, Luzzi will also provide valuable precedent in future cases involving Rule 9(j) and care received in long-term care facilities.

About Young Moore and Henderson, P.A.

Young Moore and Henderson, P.A. is a civil law firm in Raleigh, North Carolina representing clients in a variety of litigation and transactional matters. Firm attorneys have extensive experience in the following areas: Administrative Law; Appellate Practice; Business Law & Litigation; Condemnation; Construction Law; Education Law; Employment Law & Litigation; Estate Planning & Estate Litigation; Health Care; Insurance Law; Licensing Boards and Commissions; Medical Malpractice Defense; Nursing Home/Long Term Care Litigation; Product Liability; Professional Liability; Real Estate; Retail and Premises Liability; State & Local Tax; Tax-Exempt Organizations and Charitable Entities; Trucking and Transportation; and Workers’ Compensation.

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