Opinion
No. 94PA03
Filed 7 October 2004
On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, 155 N.C. App. 189, 573 S.E.2d 678 (2002), reversing an order granting summary judgment to defendant entered 27 June 2001 by Judge Benjamin G. Alford in Superior Court, Lenoir County. Heard in the Supreme Court 13 October 2003.
Donaldson Black, P.A., by Phyllis Lile-King, for plaintiff-appellee. Wyrick Robbins Yates Ponton, LLP, by K. Edward Greene; and White Allen, P.A., by Matthew S. Sullivan, for defendant-appellant. Mast, Schulz, Mast, Mills, Stem Johnson, P.A., by Bradley N. Schulz, on behalf of the North Carolina Academy of Trial Lawyers, amicus curiae. Crossley, McIntosh, Prior Collier, by Clay A. Collier, on behalf of the North Carolina Association of Defense Attorneys, amicus curiae.
Pursuant to this Court's opinion in Evans v. Hous. Auth. of Raleigh, ___ N.C. ___, ___ S.E.2d ___ (Oct. 7, 2004) (No. 216PA03), the decision of the Court of Appeals is reversed and remanded.
REVERSED AND REMANDED.