Swann v. Len-Care Rest Home, Inc

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IN THE SUPREME COURT OF NORTH CAROLINA No. 522A97 FILED: 3 APRIL 1998 ANNIE C. SWANN and CAROLYN D. SMITH v. LEN-CARE REST HOME, INC., ANDREW STEWART, and SHELBIA NORRIS Appeal by defendants pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 490 S.E.2d 572 (1997), affirming in part and reversing in part a judgment, entered by Brewer, J., 29 May 1996 in Superior Court, Cumberland County, directing a verdict for defendants on plaintiff Smith s claim for negligent infliction of emotional distress and on plaintiff Swann s claim for negligence. Heard in the Supreme Court 11 March 1998. The Lee Law Firm, P.A., by C. Leon Lee, II, for plaintiff-appellee Swann. Wishart, Norris, Henninger & Pittman, P.A., by Jim H. Joyner, Jr., for defendant-appellants. PER CURIAM. For the reasons stated in the dissenting opinion by Judge John C. Martin, Swann v. Len-Care Rest Home, ___ N.C. App. ___, ___, 490 S.E.2d 572, 575-76 (1997), the decision of the Court of Appeals reversing the directed verdict as to plaintiff Swann s claim is reversed; and the case is remanded to the Court of Appeals for further remand to the Superior Court, Cumberland County, for reinstatement of the trial court s judgment. -2REVERSED AND REMANDED.

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