Summary
finding there was insufficient evidence to establish that defendant created a hazardous condition of a stock cart in an aisle where "plaintiff produced no evidence that defendant, its agent, employees, or contractors, negligently placed the stock cart in a position that would cause plaintiff to become injured"
Summary of this case from Cox v. Waffle House, Inc.Opinion
No. 28A06.
Filed May 5, 2006.
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 175 N.C. App. ___, 623 S.E.2d 281 (2005), affirming in part and reversing in part an order granting a new trial entered 9 August 2004 by Judge Russell J. Lanier, Jr. in Superior Court, Lenoir County. Heard in the Supreme Court 20 April 2006.
White Allen, P. A., by Gregory E. Floyd, for plaintiff-appellant. Poyner Spruill LLP, by Timothy W. Wilson and Gregory S. Camp, for defendant-appellee.
AFFIRMED.