For the reasons stated in the dissenting opinion by Judge Johnson, the decision of the Court of Appeals is
REVERSED.
Justice v. N.C. Department of Transportation, 343 N.C. 504 (1996)
June 13, 1996
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Supreme Court of North Carolina
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No. 54A96
343 N.C. 504
ADOLPH A. JUSTICE, JR. v. N.C. DEPARTMENT OF TRANSPORTATION
No. 54A96
(Filed 13 June 1996)
Appeal by respondent pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 121 N.C. App. 314, 465 S.E.2d 554 (1996), reversing the judgment entered by Smith (W. Osmond, III), J., on 7 November 1994, in Superior Court, McDowell County, and remanding this case to the trial court. Heard in the Supreme Court 14 May 1996.
John R. Mull for petitioner-appellee.
Michael F. Easley, Attorney General, by Hal F. Askins, Special Deputy Attorney General, and Bryan E. Beatty, Assistant Attorney General, for respondent-appellant.