For the reasons stated in the dissenting opinion of Judge Walker in the Court of Appeals, the decision of the Court of Appeals is reversed.
REVERSED.
First Healthcare Corp. v. Rettinger, 342 N.C. 886 (1996)
March 8, 1996
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Supreme Court of North Carolina
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No. 230A95
342 N.C. 886
FIRST HEALTHCARE CORPORATION d/b/a HILLHAVEN SOUTH, INC. d/b/a WINSTON-SALEM CONVALESCENT CENTER v. NELL H. RETTINGER, Ind., and NELL H. RETTINGER, as personal representative of the Estate of Lawrence John Rettinger, Deceased
No. 230A95
(Filed 8 March 1996)
Appeal by plaintiff pursuant to N.C.G.S. § 7A-30(2) and on discretionary review pursuant to N.C.G.S. § 7A-31(a), from the decision of a divided panel of the Court of Appeals, 118 N.C. App. 600, 456 S.E.2d 347 (1995), reversing the order allowing plaintiff’s summary judgment entered by Cornelius, J., on 19 January 1994 in Superior Court, Forsyth County. Heard in the Supreme Court on 12 February 1996.
Smith Helms Mulliss & Moore, L.L.P., by Maureen Demarest Murray and Christine T. Nero, for plaintiff-appellant.
Allman Spray Leggett & Crumpler, P.A., by David C. Smith and Linda L. Helms, for defendant-appellee.
North Carolina Health Care Facilities Association, by Sally J. Marshall, General Counsel; North Carolina Hospital Association, by William A. Putty, Vice President and General Counsel; and North Carolina Association for Home Care, by Nancy H. Temple, Executive Director, amici curiae.
Kate Mewhinney, Associate Clinical Professor, Legal Clinic for the Elderly, Wake Forest University School of Law; Booth, Harrington, Johns & Campbell, by A. Frank Johns; and Craige, *887 Brawley, Liipfert, Walker & Searcy, by B. Bailey Liipfert, III, on behalf of National Academy of Elder Law Attorneys, amicus curiae.
Booth, Harrington, Johns & Campbell, by A. Frank Johns; and Anna Moretti Kavolius on behalf of Choice in Dying, Inc., amicus curiae.