IN THE SUPREME COURT OF NORTH CAROLINA
FILED: 3 NOVEMBER 1995
DORA POWELL, As Administratrix )
of the Estate of )
TIMOTHY GWAN POWELL (Deceased) )
S & G PRESTRESS COMPANY, )
THE ARUNDEL COMPANY, )
MICHAEL MEANS and )
RICHARD SCHOUTEN )
No. 260A94 - New Hanover
Appeal by plaintiff pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 114 N.C. App. 319, 442 S.E.2d 143 (1994), affirming orders of summary judgment for the defendants entered by Brown (Frank R.), J., on 15 February 1993 and 18 February 1993 in Superior Court, New Hanover County, and by DeRamus, J., on 11 March 1993 in Superior Court, New Hanover County. Heard in the Supreme Court on 11 September 1995.
William H. Dowdy for plaintiff-appellant.
Johnson & Lambeth, by Beth M. Bryant and Robert White Johnson, for defendant-appellees.
Patterson, Harkavy & Lawrence, by Burton Craige, for the North Carolina Academy of Trial Lawyers, amicus curiae.
Cranfill, Sumner & Hartzog, L.L.P., by David H. Batten and Edward C. LeCarpentier III, for the North Carolina Association of Defense Attorneys, amicus curiae.
The decision of the Court of Appeals is affirmed.
However, as in Mickles v. Duke Power Co., ___ N.C. ___, ___ S.E.2d ___ (No. 433PA94, filed this date), we disavow the language of the Court of Appeals in its decision in this case suggesting that Restatement (Second) of Torts § 8A illus. 1 (1965) is illustrative of the type of conduct required to satisfy the "substantial certainty" test of Woodson v. Rowland, 329 N.C. 330, 407 S.E.2d 222 (1991).