#### WILLIAM H. MIZELL v. K-MART CORPORATION

No. 410A91

(Filed 5 March 1992)

APPEAL by defendant pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 103 N.C. App. 570, 406 S.E.2d 310 (1991), reversing an order granting summary judgment in favor of defendant entered by Freeman, J., on 11 May 1990 in Superior Court, GUILFORD County, and remanding for a jury trial. Heard in the Supreme Court 13 February 1992.

Spencer W. White for plaintiff-appellee.

Adams, Kleemeier, Hagan, Hannah & Fonts, by Clinton Endy, Jr., and Amiel J. Rossabi, for defendant-appellant.

PER CURIAM.

Affirmed.