Jones v. City of Durham

LEVINSON, Judge.

The fácts and procedural history of this matter are set forth in Jones v. City of Durham, 168 N.C. App. 433, 608 S.E.2d 387 (2005) (Jones I). In a recent decision, the Supreme Court (1) reversed itself and its earlier opinion reported at 360 N.C. 81, 622 S.E.2d 596 (2005) that plaintiff had not forecast evidence demonstrating gross negligence on the part of defendant-Joseph Kelly, and (2) remanded this matter to this Court for consideration of the remaining issues. Jones v. City of Durham, 361 N.C. 144, 638 S.E.2d 202 (2006).

Consistent with this Court’s earlier opinion in…