Opinion
No. 297A05.
Filed March 3, 2006.
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 169 N.C. App. 508, 610 S.E.2d 225 (2005), affirming an order granting summary judgment for defendants entered on 26 June 2003 by Judge Henry W. Hight, Jr. in Superior Court, Wake County. Heard in the Supreme Court 13 February 2006.
Mast, Schulz, Mast, Mills, Johnson Wells, P.A., by Charles D. Mast, George B. Mast, David F. Mills, and T. Marie Mobley, for plaintiff-appellants Loredo, Wood, and Berkau, and Ward Smith, P. A., by W.L. Allen III, for plaintiff-appellant Torres. Millberg, Gordon Stewart, by Frank J. Gordon, for defendant-appellee CSX Transportation, Inc. Bode, Call Stroupe, L.L.P., by Odes L. Stroupe, Jr. and John S. Byrd, II, for defendant-appellees Norfolk Southern Corporation, Norfolk Southern Railway Company, and D.A. Gilbert. John J. Korzen counsel for the North Carolina Academy of Trial Lawyers, amicus curiae.
AFFIRMED.
Justice MARTIN did not participate in the consideration or decision of this case.