For the reasons stated in the dissenting opinion by Judge John C. Martin, Swann v. Len-Care Rest Home, 127 N.C. App. 471, 475-76, 490 S.E.2d 572, 575-76 (1997), the decision of the Court of Appeals reversing the directed verdict as to plaintiff Swann’s claim is reversed; and the case is remanded to the Court of Appeals for further remand to the Superior Court, Cumberland County, for reinstatement of the trial court’s judgment.

REVERSED AND REMANDED.