Upon consideration of the petition filed on the 21st day of November 2003 by the Defendant and Third-Party Defendant (Department of Transportation) 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."