PINTACUDA v. ZUCKEBERG

Decision Date02 April 2004
Docket NumberNo. 509A03.,509A03.
CitationPINTACUDA v. ZUCKEBERG, 593 S.E.2d 776, 358 N.C. 211 (N.C. 2004)
CourtNorth Carolina Supreme Court
PartiesJay T. PINTACUDA and wife Lucretia Pintacuda v. Jack ZUCKEBERG.

Roberts & Stevens, P.A., by Jacqueline D. Grant and Kenneth R. Hunt, Asheville, for plaintiffs-appellees.

Van Winkle, Buck, Wall, Starnes, & Davis, P.A., by Dale A. Curriden and Vaughn S. Monroe, Asheville, for defendant-appellant.

PER CURIAM.

As to the issue on direct appeal, we reverse the decision of the Court of Appeals for the reasons stated in the dissenting opinion. Further, we conclude that the petition for discretionary review as to the additional issues was improvidently allowed.

REVERSED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

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3 cases
  • Pope v. Bridge Broom, Inc.
    • United States
    • North Carolina Court of Appeals
    • April 7, 2015
    ...N.C.App. 617, 624–26, 583 S.E.2d 348, 353–54 (2003) (Timmons–Goodson, J., dissenting), rev'd for reasons stated in dissent, 358 N.C. 211, 593 S.E.2d 776 (2004), in which our Supreme Court upheld entry of a directed verdict in the defendant's favor because the evidence established intervenin......
  • Watkins v. NORTH CAROLINA DENTAL BD.
    • United States
    • North Carolina Supreme Court
    • April 2, 2004
  • Etheridge v. Elizabethan Gardens, Inc., No. 05-1374 (N.C. App. 7/18/2006)
    • United States
    • North Carolina Court of Appeals
    • July 18, 2006
    ...dissenting) (affirming summary judgment when plaintiff could not say what caused his motorcycle to skid), adopted per curiam, 358 N.C. 211, 593 S.E.2d 776 (2004); Byrd v. Arrowood, 118 N.C. App. 418, 421, 455 S.E.2d 672, 674 (1995) (affirming summary judgment when "plaintiff could not say t......