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.
JERRY ELLISON, Executor of the Estate of Kate H. Ellison,
GAMBILL OIL COMPANY, INC., J. GWYN GAMBILL, INCORPORATED, and JIM
GAMBILL; GUNVANTPURI B. GOSAI and B&B MINI MART, INC.; and ARLIS
TESTER d/b/a TESTERS GARAGE AND MUFFLER SHOP and/or TESTERS SHELL
& MUFFLER SHOP, Defendants
J. GWYN GAMBILL, INCORPORATED, Third Party Plaintiff
JEFF BARRETT d/b/a BARRETT PETROLEUM EQUIPMENT, Third Party
RUDRAM ENTERPRISES, INC., Cross-Plaintiff-Intervenor
J. GWYN GAMBILL, INCORPORATED, JIM GAMBILL, and JEFF BARRETT
d/b/a BARRETT PETROLEUM EQUIPMENT
Appeal pursuant to N.C.G.S. § 7A-30(2) from the
decision of a divided panel of the Court of Appeals, 186 N.C.
App. 167, 650 S.E.2d 819 (2007), reversing both a judgment
entered 31 August 2005, and an order denying a motion for
judgment notwithstanding the verdict or a new trial entered 10
November 2005, by Judge Charles Lamm in Superior Court, Watauga
County, and remanding for a new trial. Heard in the Supreme
Court 17 November 2008. On 11 December 2008, this Court ex mero
motu withdrew its previous order, dated 10 April 2008, and
allowed plaintiff's petition for discretionary review as to
Sigmon, Clark, Mackie, Hutton, Hanvey & Ferrell, P.A., by Warren A. Hutton and Forrest A. Ferrell, for plaintiff-appellant.
The Reeves Law Firm, PLLC, by Jimmy D. Reeves and John B. Jak Reeves; and Walker & DiVenere, by Tamara C. DiVenere, for defendant-appellees J. Gwyn Gambill, Incorporated and Jim Gambill.
di Santi Watson Capua & Wilson, by Frank C. Wilson, III, for defendant-appellees Gunvantpuri B. Gosai and B&B Mini Mart, Inc.
The decision of the Court of Appeals is affirmed.
Discretionary review was improvidently allowed as to the
AFFIRMED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.
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