Opinion
Heard in the Supreme Court 6 January 2010.
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, __ N.C.App. __, 681 S.E.2d 435 (2009), affirming both an order denying plaintiff's motion for judgment notwithstanding the verdict and a judgment entered on 16 May 2008 by Judge Michael D. Duncan in District Court, Wilkes County.
McElwee Firm, PLLC, by John M. Logsdon, North Wilkesboro, for plaintiff-appellant.
Stone & Christy, P.A., by Bryant D. Webster, Black Mountain, for defendant-appellees.
PER CURIAM.
For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed and the case is remanded to that court for further remand to the trial court for entry of judgment for plaintiff.
REVERSED AND REMANDED.