Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 16 May 2001. Conditional notice of appeal by defendant pursuant to G.S. 7A-30 (based upon a dissent) dismissed as moot 16 May 2001. Conditional petition by defendant for discretionary review pursuant to G.S. 7A-31 dismissed as moot 16 May 2001.