COBB KIGHT v. TOWN OF BLOWING ROCK

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Supreme Court of North Carolina.

Chelsea Amanda Brooke COBB, by and through D. Rodney KIGHT, Jr., her Guardian ad Litem; and Robert B. Cobb, Father of Plaintiff, Individually v. TOWN OF BLOWING ROCK, a Municipal Corporation, and City of Blowing Rock, a Municipal Corporation.

No. 300A11.

-- January 27, 2012

Brown Moore & Associates, PLLC, by R. Kent Brown, for plaintiff-appellees. Clawson & Staubes, PLLC, by Andrew J. Santaniello and Summer D. Eudy, for defendant-appellant Town of Blowing Rock. Poisson, Poisson & Bower, PLLC, by E. Stewart Poisson; and Goldsmith, Goldsmith & Dews, P.A., by Frank Goldsmith, for North Carolina Advocates for Justice, amicus curiae.

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. ––––, 713 S.E.2d 732 (2011), finding error in a judgment entered on 17 October 2008 and an order entered on 30 March 2009, both by Judge Anderson D. Cromer in Superior Court, Watauga County, and remanding for a new trial. Heard in the Supreme Court on 11 January 2012.

For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed.

REVERSED.

PER CURIAM.

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