#### SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY v. RICHARD WEST

No. 586A90

(Filed 3 April 1991)

APPEAL as of right by defendant pursuant to N.C.G.S. § 7A-30 from a decision of a divided panel of the Court of Appeals, 100 N.C. App. 668, 397 S.E.2d 765 (1990), affirming an order of Lewis (Robert), J., entered at the 23 October 1989 Civil Session of Superior Court, HAYWOOD County, directing a verdict for plaintiff at the close of all the evidence. Heard in the Supreme Court 14 March 1991.

Roberts Stevens & Cogburn, P.A., by Gwynn G. Radeker, for plaintiff-appellee.

Patla, Straus, Robinson & Moore, P.A., by Harold K. Bennett, for defendant-appellant.

PER CURIAM.

Affirmed.