Harry E. MUNN, Jr.
v.
NORTH CAROLINA STATE UNIVERSITY.
No. 567A05.
Supreme Court of North Carolina.
March 3, 2006.
*271Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, ___ N.C.App. ___, 617 S.E.2d 335 (2005), vacating an order denying plaintiff's motion for judgment notwithstanding the verdict or a new trial entered 19 December 2003 by Judge J.B. Allen, Jr. in Superior Court, Wake County, and remanding for a new trial on damages only. On 3 November 2005, the Supreme Court allowed defendant's petition for discretionary review as to additional issues. Heard in the Supreme Court 15 February 2006.
Unti & Lumsden, L.L.P., by Michael L. Unti and Sharon L. Smith, Raleigh, for plaintiff-appellee.
Roy Cooper, Attorney General, by John P. Scherer II and Kimberly D. Potter, Assistant Attorneys General, for defendant-appellant.
PER CURIAM.
As to the issue on direct appeal, we reverse the decision of the Court of Appeals for the reasons stated in the dissenting opinion. Further, we conclude that the petition for discretionary review as to additional issues was improvidently allowed.
REVERSED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.