Cobb v. Town of Blowing Rock

Decision Date27 January 2012
Docket NumberNo. 300A11.,300A11.
PartiesChelsea 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.
CourtNorth Carolina Supreme Court

722 S.E.2d 479

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.

Supreme Court of North Carolina.

Jan. 27, 2012.


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.

[722 S.E.2d 480]

Brown Moore & Associates, PLLC, Charlotte, by R. Kent Brown, for plaintiff-appellees.

Clawson & Staubes, PLLC, Charlotte, by Andrew J. Santaniello and Summer D. Eudy, for defendant-appellant Town of Blowing Rock.

Poisson, Poisson & Bower, PLLC, Wilmington, by E. Stewart Poisson; and Goldsmith, Goldsmith & Dews, P.A., Marion, by Frank Goldsmith, for North Carolina Advocates for Justice, amicus curiae.PER CURIAM.

For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed.

REVERSED.

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