IN THE SUPREME COURT OF NORTH CAROLINA

No. 588a04

FILED: 7 APRIL 2005

 

JOHN ALEXANDER, Employee

 

v.

 

WAL-MART STORES, INC., Employer,

 

AMERICAN HOME ASSURANCE COMPANY, Carrier

 

 

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. ___, 603 S.E.2d 552 (2004), reversing in part an opinion and award entered by the North Carolina Industrial Commission on 24 March 2003 and remanding to the Commission. Heard in the Supreme Court 14 March 2005.

Brumbaugh, Mu & King, P.A., by Nicole D. Wray and Charles R. Hassell Jr. for plaintiff-appellant.

 

Young Moore and Henderson P.A., by Zachary C. Bolen and Dawn Dillon Raynor, for defendant-appellees.

 

Kathleen Shannon Glancy, Counsel for the North Carolina Academy of Trial Lawyers, amicus curiae.

 

PER CURIAM.

For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals.

REVERSED.