
    Stacy BATTS, Jayquan Batts, and Shayquan Batts, by and through their Guardian ad Litem, William Lewis King, Plaintiffs v. Shawan L. BATTS, Defendant, Third-Party Plaintiff v. North Carolina Department of Transportation, Third-Party Defendant.
    No. 589P03.
    Supreme Court of North Carolina.
    February 5, 2004.
    Robert Hargett, Amar Majmundar, Special Deputy Attorney Generals, Ann Reed, Senior Deputy Attorney General, for NC Department of Transportation.
    W. Earl Taylor, Jr., Wilson, Jerry A. Allen, Jr., Goldsboro, for Shawan L. Batts (Third Party Plaintiff).
    Prior report: 160 N.C.App. 554, 586 S.E.2d 550.
    ORDER
   Upon consideration of the petition filed on the 7th day of November 2003 by Third Party Defendant 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."  