Motion by plaintiff (Performance) for temporary stay allowed 15 January 1999. Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 3 March 1999. Petition by plaintiff for writ of supersedeas dismissed as moot 3 March 1999. Conditional petition filed by defendant (Jens Lamba) for discretionary review pursuant to G.S. 7A-31 denied 3 March 1999. Justice Martin recused.