Petition by defendant (James Goff, Jr.) for discretionary review pursuant to G.S. 7A-31 allowed 27 February 2003. Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 27 February 2003. Motion by all parties for leave to file voluntary dismissal with prejudice as to non-appealing defendant Lenoir County allowed 4 March 2003.