
    Ruby Carland UNDERWOOD, Guardian of Jeanette Carland McLendon, Plaintiff v. Larry Webb BOYER, Werner Enterprises, Inc., and Hendrix & Dail, Inc., Defendants v. North Carolina Department of Transportation, Defendant and Third-Party Defendant.
    No. 608P03.
    Supreme Court of North Carolina.
    February 5, 2004.
    Robert Hargett, Amar Majmundar, Special Deputy Attorney Generals, Ann Reed, Senior Deputy Attorney General, for NCDOT.
    Joseph P. McGuire, T. Douglas Wilson, Jr., Asheville, Frederick S. Barber, Mary E. Euler, for Underwood.
    ORDER
   Upon consideration of the petition filed on the 21st day of November 2003 by the Defendant and Third-Party Defendant (Department of Transportation) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 5th day of February 2004."  