Summary
adopting Justice Cozart's dissenting opinion from Court of Appeals
Summary of this case from Walter v. Freeway Foods, Inc. (In re Freeway Foods of Greensboro, Inc.)Opinion
No. 560A88
Filed 5 April 1989
APPEAL by plaintiff from a divided panel of the Court of Appeals, 91 N.C. App. 715, 373 S.E.2d 300 (1988), which affirmed in part and reversed in part a judgment of superior court entered 22 September 1988. Heard in the Supreme Court 14 March 1989.
Maxwell, Martin, Freeman and Beason, by James B. Maxwell and John C. Martin, for plaintiff appellant.
Haywood, Denny, Miller, Johnson, Sessoms and Patrick by George W. Miller, Jr. and E. Elizabeth Lefler, for defendant appellees.
For the reasons stated in the dissenting opinion of Cozort, J., the decision of the Court of Appeals as to the defendant Helton is reversed. The case is remanded to the Court of Appeals for further remand to the Superior Court of Durham County.
Reversed and remanded.