All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be considered authoritative.

JAMES CREECH HERRING v. FOOD LION, L.L.C.


No. 28A06

FILED: 5 MAY 2006



    Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 623 S.E.2d 281 (2005), affirming in part and reversing in part an order granting a new trial entered 9 August 2004 by Judge Russell J. Lanier, Jr. in Superior Court, Lenoir County. Heard in the Supreme Court 20 April 2006.
     White & Allen, P.A., by Gregory E. Floyd, for plaintiff-appellant.

    Poyner & Spruill LLP, by Timothy W. Wilson and Gregory     S. Camp, for defendant-appellee.

    PER CURIAM.

    
    AFFIRMED.

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