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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.

    Decided: 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.


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