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are subject to modification and technical correction prior to official
publication in the North Carolina Reports and North Carolina Court of Appeals
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authoritative.
IN THE SUPREME COURT OF NORTH CAROLINA
No. 606A04-3
FILED: 7 MARCH 2008
TINYA CHERNEY
v.
NORTH CAROLINA
ZOOLOGICAL PARK
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. ___, 648 S.E.2d 242 (2007), affirming a
decision and order entered by the North Carolina Industrial Commission on 28
April 2006. Heard in the Supreme Court
12 February 2008.
Knott &
Berger, L.L.P., by Joe Thomas Knott, III, Bruce W. Berger, and Kenneth R.
Murphy, III, for plaintiff-appellant.
Roy Cooper,
Attorney General, by William H. Borden, Special Deputy Attorney General, for
defendant-appellee.
PER CURIAM.
For the reasons stated in the dissenting opinion, the
decision of the Court of Appeals affirming the Industrial Commission’s decision
and order is reversed. This case is
remanded to the Court of Appeals for further remand to the Industrial
Commission for entry of a new decision and order in accordance with the
premises liability standard articulated in Nelson v. Freeland, 349 N.C.
615, 507 S.E.2d 882 (1998) and applied subsequently in Martishius v. Carolco
Studios, Inc., 355 N.C. 465, 562 S.E.2d 887 (2002). The Commission shall enter its new decision
and order on the record as it exists without taking additional evidence.
REVERSED AND REMANDED.
Justices NEWBY and TIMMONS-GOODSON did not participate in
the consideration or decision of this case.