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IN THE SUPREME COURT OF NORTH CAROLINA
No.  45A03
FILED:  2 OCTOBER  2003
RICHARD ALLEN OVERTON
v.
WILLIAM ROBERT PURVIS
Appeal pursuant to N.C.G.S.  §  7A-30(2) from the
decision of a divided panel of the Court of Appeals,  154 N.C.
App.  543,  573 S.E.2d  219  (2002), reversing and remanding an
amended judgment entered  18 June  2001 by Judge Quentin T. Sumner
in Superior Court, Pitt County.    Heard in the Supreme Court
9 September  2003.
The Blount Law Firm, PA, by Marvin K. Blount III, for
plaintiff-appellant.
Walker, Clark, Allen, Grice & Ammons, LLP, by Jerry A.
Allen and Gay P. Stanley, for defendant-appellee.
PER CURIAM.
For the reasons stated in the dissenting opinion, we
reverse the decision of the Court of Appeals addressing only
defendant’s assignment of error as to the last clear chance
doctrine.    The result in the Court of Appeals did not require it
to reach other issues properly preserved by defendant and raised
on appeal.    These remaining issues relate not only to the amended
judgment reversed and remanded by the Court of Appeals, but also
to three additional orders entered  6 June  2001 and appealed by
defendant in his notice of appeal to the Court of Appeals.
Because we now reverse the Court of Appeals’ decision as to the




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only issue it addressed, on remand, that court should also
consider defendant’s remaining issues.
REVERSED.

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