
    WILLIAM Z. DEASON v. J. KING HARRISON CO., INC. d/b/a J. KING HARRISON TRANSPORTATION CO., INC. and AMERICAN NATIONAL FIRE INSURANCE COMPANY
    No. 591A97
    (Filed 9 October 1998)
    Appeal by plaintiff pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 127 N.C. App. 514, 491 S.E.2d 666 (1997), affirming a judgment entered 26 September 1996 by Morgan (Melzer A., Jr.), J., in Superior Court, Mecklenburg County. On 7 May 1998, the Supreme Court granted discretionary review of an additional issue. Heard in the Supreme Court 28 September 1998.
    
      Waggoner, Hamrick, Hasty, Monteith and Kratt, P.L.L.C., by S. Dean Hamrick, for plaintiff-appellant.
    
    
      Womble Carlyle Sandridge & Rice, P.L.L.C., by Richard T. Rice and Lawrence B. Somers, for defendant-appellee American National Fire Insurance Company.
    
   PER CURIAM.

AFFIRMED IN PART; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED IN PART.

Justice Wynn did not participate in the consideration or decision of this case.  