For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed.
REVERSED.
Whitt v. Harris Teeter, Inc., 614 S.E.2d 531 (2005)
July 1, 2005
·
Supreme Court of North Carolina
·
No. 416A04.
614 S.E.2d 531
Wendy WHITT
v.
HARRIS TEETER, INC. and Randy Shultz.
No. 416A04.
Supreme Court of North Carolina.
July 1, 2005.
*532Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 165 N.C.App. 32, 598 S.E.2d 151 (2004), reversing a judgment entered upon a directed verdict on 2 April 2002 by Judge Sanford L. Steelman, Jr. in Superior Court, Forsyth County. Heard in the Supreme Court 18 May 2005.
Kennedy, Kennedy, Kennedy and Kennedy, L.L.P., by Harvey L. Kennedy, Harold L. Kennedy, III, and Annie Brown Kennedy, Winston-Salem, for plaintiff-appellee.
Womble Carlyle Sandridge & Rice, by Lucretia D. Guia, Winston-Salem, and J. Mark Sampson, Greensboro, for defendant-appellant Harris Teeter, Inc.
Patterson Harkavy, L.L.P., by Burton Craige, Raleigh, for North Carolina Association of Women Attorneys, North Carolina Academy of Trial Lawyers, Southern States Police Benevolent Association, Inc., North Carolina Police Benevolent Association, Inc., and North Carolina Association of Educators; Suzanne Reynolds, Winston_Salem, for North Carolina Association of Women Attorneys, and Charles E. Daye, Chapel, for North Carolina Academy of Trial Lawyers, amici curiae.