Opinion
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 186 N.C.App. 167, 650 S.E.2d 819 (2007), reversing both a judgment entered 31 August 2005, and an order denying a motion for judgment notwithstanding the verdict or a new trial entered 10 November 2005, by Judge Charles Lamm in Superior Court, Watauga County, and remanding for a new trial. Heard in the Supreme Court 17 November 2008. On 11 December 2008, this Court ex mero motu withdrew its previous order, dated 10 April 2008, and allowed plaintiff's petition for discretionary review as to additional issues.
Sigmon, Clark, Mackie, Hutton, Hanvey & Ferrell, P.A., by Warren A. Hutton and Forrest A. Ferrell, Hickory, for plaintiff-appellant.
The Reeves Law Firm, PLLC, by Jimmy D. Reeves and John B. " Jak" Reeves, West Jefferson; and Walker & DiVenere, by Tamara C. DiVenere, Boone, for defendant-appellees J. Gwyn Gambill, Incorporated and Jim Gambill.
di Santi Watson Capua & Wilson, by Frank C. Wilson, III, Boone, for defendant-appellees Gunvantpuri B. Gosai and B & B Mini Mart, Inc.
PER CURIAM.
The decision of the Court of Appeals is affirmed. Discretionary review was improvidently allowed as to the additional issues.
AFFIRMED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.