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SHAW v. GOODYEAR TIRE & RUBBER CO.

No. COA12-338.

737 S.E.2d 168 (2013)

Lashanda SHAW, Plaintiff, v. The GOODYEAR TIRE & RUBBER CO., Defendants.

Court of Appeals of North Carolina.

January 15, 2013.

Attorney(s) appearing for the Case

Kennedy, Kennedy, Kennedy and Kennedy, LLP, Winston-Salem , by Harold L. Kennedy, III and Harvey L. Kennedy , for plaintiff-appellee.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Raleigh, by Julia C. Ambrose , John W. Ormand, III and Patricia W. Goodson , for defendant-appellant.

Womble Carlyle Sandridge & Rice, LLP, Raleigh, by Burley B. Mitchell, Jr. , for Amicus Curiae North Carolina Chamber.

STROUD, Judge.

This case presents in a unique procedural posture, with defendant's appeal from a $450,000.00 jury award to plaintiff for her claim of negligent infliction of emotional distress, arguing, inter alia, that the trial court lacked subject matter jurisdiction. For the following reasons, we agree and vacate the judgment of the trial court.

I. Background

This case is in an unusual procedural posture because it comes to us with facts...

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